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Guss v. State

928 S.W.2d 336, 325 Ark. 521, 1996 Ark. LEXIS 466
CourtSupreme Court of Arkansas
DecidedSeptember 16, 1996
DocketCR 96-905
StatusPublished
Cited by3 cases

This text of 928 S.W.2d 336 (Guss v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guss v. State, 928 S.W.2d 336, 325 Ark. 521, 1996 Ark. LEXIS 466 (Ark. 1996).

Opinion

Per Curiam.

Appellant James Guss, by his attorney, Jeffrey H. Kearney, has filed a motion for a rule on the clerk. Appellant filed a timely notice of appeal from the denial of his petition for postconviction relief pursuant to Rule 37 of the Arkansas Rules of Criminal Procedure. His attorney admits by motion that the record of the postconviction proceedings was tendered late due to a mistake on his part.

We find that such an error, admittedly made by the 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.

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Related

Tarry v. State
57 S.W.3d 163 (Supreme Court of Arkansas, 2001)
Thetford v. State
5 S.W.3d 478 (Supreme Court of Arkansas, 1999)
Guss v. State
939 S.W.2d 817 (Supreme Court of Arkansas, 1997)

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Bluebook (online)
928 S.W.2d 336, 325 Ark. 521, 1996 Ark. LEXIS 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guss-v-state-ark-1996.