Brown v. State

Damion Jemon BROWN v. STATE of Arkansas

CR96-73                                            ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered February 5, 1996


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 the Clerk; granted.
     Chris Tarver, for appellant.
     No response.

     Per Curiam.2/5/96   *ADVREP10*






DAMION JEMON BROWN,
                    APPELLANT,

V.

STATE OF ARKANSAS,
                    APPELLEE.



CR96-73



MOTION FOR RULE ON THE CLERK,  





MOTION GRANTED.





                           Per Curiam.



     Appellant, Damion Jemon Brown, by his attorney, has filed for
a rule on the clerk.
     His attorney, Chris Tarver, admits that the failure to file
the record in time was 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
our Per Curiam opinion dated February 5, 1979, In Re: Belated
Appeals in Criminal Cases, 265 Ark. 964.  A copy of this opinion
will be forwarded to the Committee on Professional Conduct.