Brian Pierre Rhodes v. State of Arkansas

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cr04-807

Brian Pierre RHODES v. STATE of Arkansas

CR 04-807 ___ S. W.3d ___

Supreme Court of Arkansas
Opinion delivered September 9, 2004

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.

Motion for Rule on Clerk; granted.

Brian Trubitt, for appellant.

No response.

Per Curiam. Brian Pierre Rhodes, by and through his attorney, has filed a motion for a rule on the clerk. His attorney, Brian Trubitt, admits in his motion that the record was tendered one day late due to a mistake on his part.

We find that such an error, admittedly made by the 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 is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.

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