Jason Mark SMITH v. STATE of Arkansas
CR 98-329 ___ S.W.2d ___
Supreme Court of Arkansas
Opinion delivered April 9, 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.
Joel O.Huggins, for appellant.
Appellant Jason Mark Smith, by and through his attorney, has
filed a motion for a rule on the clerk. His attorney, Joel O.
Huggins, states in the motion that the record was tendered late due
to a mistake on his part.
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.