Richard Conger v. State of Arkansas

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Cr98-892

Richard CONGER v. STATE of Arkansas

CR 98-892 ___ S.W.2d ___

Supreme Court of Arkansas

Opinion delivered September 10, 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.

Naif S. Khoury, for appellant.

No response.

Per Curiam.

Appellant Richard Conger, by and through his attorney, has filed a motion for a rule on the clerk. His attorney, Naif S. Khoury, admits in his 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 curiam).

The motion is therefore granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.