Irene Waddle v. State of Arkansas

Irene WADDLE v. STATE of Arkansas

CR 04-179                                                                                                                                                                                              ___ S.W.3d ___

Supreme Court of Arkansas
Opinion delivered May 13, 2004

Appeal & error -- rule on clerk -- good cause for granting. -- The admission of responsibility on the part of an attorney for a criminal defendant for failing to timely file the record 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.

John R. Irwin, for appellant.

No response.

Per Curiam. Appellant Irene Waddle, through her attorney, John R. Irwin, has filed a motion for rule on the clerk. Mr. Irwin admits responsibility for failing to timely file the record 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.