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
Motion for Rule on the Clerk; granted.
Robert S. Tschiemer, for appellant.
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
The motion is therefore granted. A copy of this opinion will
be forwarded to the Committee on Professional Conduct.