Earl Skiles v. State of Arkansas

Earl SKILES v. STATE of Arkansas

CR 97-515                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered May 27, 1997


1.   Appeal & error -- motion for rule on clerk -- when granted. -- The
     supreme court 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.

2.   Appeal & error -- motion for rule on clerk denied -- attorney did not
     admit fault. -- Where appellant's attorney did not admit fault
     on his part in failing to timely file the record, the supreme
     court denied appellant's motion for rule on the clerk; a
     statement that it was someone else's fault or no one's fault
     will not suffice.


     Motion for Rule on the Clerk; denied.
     Keith Watkins, for appellant.
     Winston Bryant, Att'y Gen., by:  C. Joseph Cordi, Jr., Asst.
Att'y Gen., for appellee.

     Per Curiam. 
     Earl Skiles, by his attorney, has filed 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.