Timothy Houff v. State of Arkansas

Timothy HOUFF v. STATE of Arkansas

CR 01-595 ___ S.W.3d ___

Supreme Court of Arkansas

Opinion delivered July 9, 2001

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. [cme]

Motion for Rule on the Clerk; granted.

Sullivan Law Firm, P.L.L.C., by: Kelly J. Adkins, for appellant.

No response.

Per Curiam. Appellant, Timothy Houff, by and through his attorney, has filed a motion for a rule on the clerk. His attorney, Kelly J. Adkins, admits in her motion that the record was tendered late due to a mistake on her 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.