Tanner v. State

Lindell TANNER v. STATE of Arkansas

CR 96-965                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered September 9, 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.
     Richard R. West, for appellant.
     No response.

     Per Curiam.
     Appellant, Lindell Tanner, by his attorney, has filed for a
rule on the clerk.  His attorney, Richard R. West, 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.