Ray Sebastian v. State of Arkansas

Ray SEBASTIAN v. STATE of Arkansas

05-114

Supreme Court of Arkansas

Opinion delivered February 17, 2005

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 her part is good cause to grant a motion for rule on the clerk.

Motion for Rule on Clerk; granted.

Brenda Stallings, for appellant.

No response.

Per Curiam. Appellant Ray Sebastian, by and through his attorney, has filed a motion for rule on clerk. His attorney, Brenda Stallings, states in the 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.