Michael Sherman PHILLIPS v. STATE of Arkansas
CR 97-814 ___ S.W.2d ___
Supreme Court of Arkansas
Opinion delivered September 11, 1997
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
Motion for Rule on the Clerk; granted.
Joel O. Huggins, for appellant.
Michael S. Phillips, by and through his attorney, has filed a
motion for a rule on the clerk. His attorney, Joel O. Huggins,
admits in his motion that the record 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
The motion is therefore granted. A copy of this opinion will
be forwarded to the Committee on Professional Conduct.