Keith Wiggins v. State of Arkansas

Keith WIGGINS v. STATE of Arkansas

CR 04-776 __ S. W.3d ___

Supreme Court of Arkansas

Opinion delivered September 16, 2004

1. Appeal & error - motion for rule on clerk - good cause for granting. - An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake on his part is good cause to grant a motion for rule on the clerk.

2. Appeal & error - court of appeals retained jurisdiction from granting leave for appellant to file motion for new trial - case transferred to court of appeals for further proceedings. - On April 2, 2003, the court of appeals granted leave for appellant to file a motion for a new trial; the trial court ultimately granted the motion for a new trial and the new trial was the basis for this motion for a rule on the clerk; the motion to consolidate is best addressed to the court of appeals as it retains jurisdiction from granting leave to file a motion for a new trial; this case is hereby transferred to the court of appeals for further proceedings.

Motion for Rule on Clerk granted; remanded to the Court of Appeals.

Darrell F. Brown & Associates, P.A., by: Darrell F. Brown, for appellant.

No response.

Per Curiam. Appellant Keith Wiggins, by and through Darrell F. Brown, has filed a motion for a rule on the clerk. His attorney, Brown, states in the motion that the record was tendered late due to a mistake on their part.

We find that such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See In Re Belated Appeals in Criminal Cases, 265 Ark. 964(1979) (per curiam).

The motion for rule on the clerk is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.

As to the further disposition of the case, it appears that on April 2, 2003, the court of appeals granted leave for appellant to file a motion for a new trial. The trial court ultimately granted the motion for a new trial and the new trial is the basis for this motion for a rule on the clerk. The motion to consolidate is best addressed to the court of appeals as it retains jurisdiction from granting leave to file a motion for a new trial. This case is hereby transferred to the court of appeals for further proceedings.