Tommy J. DAVIS v. STATE of Arkansas
CR 98-127 ___ 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 the 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.
Charles E. Davis, for appellant.
Tommy J. Davis, by his attorney, has filed a motion for a rule
on the clerk.
His attorney, Charles E. Davis, 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.