McCready v. State

Raymond C. McCREADY v. STATE of Arkansas

CR 96-763                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered July 15, 1996


Appeal & error -- motion for rule on clerk -- good cause for 
     granting. -- An admission by an attorney for a criminal
     appellant that the record of postconviction proceedings 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.
     Alvin Schay, for appellant.
     No response.

     Per Curiam.Per Curiam, 7-15-96
*ADVREP*SC18*





RAYMOND C. MCCREADY,
               APPELLANT,

V.

STATE OF ARKANSAS,
               APPELLEE,

CR 96-763




MOTION FOR RULE ON THE CLERK





MOTION GRANTED.










     Appellant, Raymond C. McCready, by his attorney, Alvin Schay,
has filed a motion for a rule on the clerk.  Appellant filed a
timely notice of appeal from the denial of his petition for
postconviction relief pursuant to Rule 37 of the Arkansas Rules of
Criminal Procedure.  His attorney admits by motion that the record
of the postconviction proceedings was tendered 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.
     DUDLEY, J., not participating.