Nathan Elliott v. State of Arkansas

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               Nathan ELLIOTT v. STATE of Arkansas

CR 98-373                                          ___ 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.
     Bruce J. Bennett, for appellant.
     No response.

     Per Curiam.

     Appellant, Nathan Elliott, by his attorney, Bruce J. Bennett,
has filed a motion for rule on the clerk.  Mr. Bennett admits 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 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).  Accordingly, the motion is granted.  A copy
of this opinion will be forwarded to the Committee on Professional
Conduct.  Id.