David L.McGREW v. STATE of Arkansas
CR 98-426 ___ S.W.2d ___
Supreme Court of Arkansas
Opinion delivered May 7, 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.
W. Hunter Williams, for appellant.
Pursuant to Ark. Sup. Ct. R. 2-2 (1997), appellant, David L.
McGrew, by his attorney, W. Hunter Williams, Jr., filed a motion
for rule on the clerk. Mr. Williams admitted 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.