Rocky HALTER v. STATE of Arkansas
CR 98-119 ___ 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.
Darrell F. Brown, for appellant.
Petitioner, Rocky Halter, by his attorney, Darrell F. Brown,
has filed a motion for rule on the clerk. His attorney admits that
the record was tendered late due to a mistake on his part.
We find that such error, admittedly made by the attorney for
a criminal defendant, is good cause to grant the motion. See
Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated
Appeals in Criminal Cases, 295 Ark. 964 (1979) (per curiam).
A copy of this per curiam will be forwarded to the Committee
on Professional Conduct. In Re: Belated Appeals in Criminal
Cases, 265 Ark. 964.