George Mitchell Moore v. State of Arkansas

           George Mitchell MOORE v. STATE of Arkansas

CR 98-478                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered May 14, 1998


Appeal & error -- motion for rule on clerk -- counsel must
     concede fault. -- Although the motion for rule on the clerk
     admitted that the record was not timely filed and that it was
     no fault of appellant, the motion did not state good cause for
     granting the motion where counsel did not concede fault.

     Motion for Rule on the Clerk; denied.
     John R. Irwin, for appellant.
     Winston Bryant, Att'y Gen., by:  Mac Golden, Asst. Att'y Gen.,
for appellee.
     
     Per Curiam.
     George Mitchell Moore, by his attorney, has filed a motion to
file belated appeal, which we will treat as a motion for rule on
the clerk.
     The motion admits that the record was not timely filed and
that it was no fault of the appellant.
     This court has held that we will grant a motion for rule on
the clerk when the attorney admits that the record was not timely
filed due to an error on his part.  See, e.g., Tarry v. State, 288
Ark. 172, 702 S.W.2d 804 (1986).  Here, the attorney does not admit
fault on his part.  We have held that a statement that it was
someone else's fault or no one's fault will not suffice.  Clark v.
State, 289 Ark. 382, 711 S.W.2d 162 (1986).  Therefore, appellant's
motion must be denied.
     The appellant's attorney shall file within thirty days from
the date of this per curiam a motion and affidavit in this case
accepting full responsibility for not timely filing the transcript,
and upon filing same, the motion will be granted and a copy of the
opinion will be forwarded to the Committee on Professional Conduct.
     The present motion for rule on the clerk is denied.