Jerry SCHALK v. STATE of Arkansas
98-227 ___ S.W.2d ___
Supreme Court of Arkansas
Opinion delivered March 19, 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.
Teri Swicegood, for appellant.
Jerry Schalk, by his attorney, Teri Swicegood, has filed a
motion for rule on the clerk. His attorney admits that the
transcript was tendered late due to an error on her part.
We find 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 for rule on the clerk is, therefore, granted. A
copy of this opinion will be forwarded to the Committee on