Byrd v. State
Annotate this CaseMichael Wayne BYRD v. STATE of Arkansas CR 96-48 ___ S.W.2d ___ Supreme Court of Arkansas Opinion delivered January 29, 1996 Appeal & error -- motion for rule on clerk -- good cause for granting. -- An admission by an attorney for a criminal defendant that he tendered the record late is good cause for granting a motion for rule on the clerk. Motion for Rule on the Clerk; granted. Scott E. Smith, for appellant. No response. Per Curiam.*ADVREP6* MICHAEL WAYNE BYRD, APPELLANT, V. STATE OF ARKANSAS, APPELLEE. CR96-48 Opinion Delivered: 1-29-96 MOTION FOR RULE ON THE CLERK MOTION GRANTED PER CURIAM Petitioner, Michael Wayne Byrd, by his attorney, Scott E. Smith, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late due to a mistake on his part. We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam); Harkness v. State, 264 Ark. 561, 572 S.W.2d 835 (1978). A copy of this per curiam will be forwarded to the Committee on Professional Conduct. In Re: Belated Appeals in Criminal Cases, 265 Ark. 964.
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