Anita Rush v. City of McRae

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            Anita Cummings RUSH v. STATE of Arkansas

CR 98-115                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered February 26, 1998


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.
     Robert S. Tschiemer, for appellant.
     No response.

     Per Curiam.
     Appellant Anita Rush, by and through her attorney, has filed
a motion for a rule on the clerk.  Her attorney, Robert S.
Tschiemer, states in the motion that the record was tendered late
due to a mistake on the part of appellant's former counsel, Jason
Files.  In support, the affidavit of Mr. Files, admitting his
error, was attached an exhibit to the motion.
     We find that such an error, admittedly made by an 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.