Alexander Newborn v. State of Arkansas

Alexander NEWBORN v. STATE of Arkansas

CR 04-989                                                                                                                                                                                            __ S. W.3d ___

Supreme Court of Arkansas
Opinion delivered October 7, 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.

Alan Le Var, for appellant.

No response.

Per Curiam. Appellant Alexander Newborn, by and through his attorney, Alan LeVar, has filed a motion for rule on the clerk. Attorney LeVar states in the motion that the record was tendered late due to a mistake on his 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 is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.