Ben Wesley Hicks v. State of Arkansas

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              Ben Wesley HICKS v. STATE of Arkansas

CR 98-353                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                Opinion delivered April 16, 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
     clerk.

     Motion for Rule on the Clerk; granted.
     Tamra Barrett, for appellant.
     No response.

     Per Curiam.

     Appellant Ben Wesley Hicks, by his attorneys, Tapp Law
Offices, by Tamra Barrett, has filed a motion for rule on the
clerk.  Appellant filed a timely notice of appeal from the denial
of his petition for postconviction relief pursuant to Ark. R. Civ.
P. 37.  His attorney admits that the record of the postconviction
proceedings was tendered late due to a mistake on her 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
curiam).  The motion is therefore granted.  A copy of this opinion
will be forwarded to the Committee on Professional Conduct.