Guss v. State

James GUSS v. STATE of Arkansas

CR 96-905                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
              Opinion delivered September 16, 1996


Appeal & error -- motion for rule on clerk -- good cause for 
     granting. -- An admission by an attorney for a criminal
     defendant that the record of postconviction proceeedings 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.
     Jeffrey H. Kearney, for appellant.
     No response.

     Per Curiam.
     Appellant James Guss, by his attorney, Jeffrey H. Kearney, 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.