Hussey v. State

Supreme Court of Arkansas

Hussey v. State

983 S.W.2d 438, 336 Ark. 309, 1999 Ark. LEXIS 51

CourtSupreme Court of Arkansas

DecidedFebruary 4, 1999

DocketCR 99-61

StatusPublished

This text of 983 S.W.2d 438 (Hussey 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

Hussey v. State, 983 S.W.2d 438, 336 Ark. 309, 1999 Ark. LEXIS 51 (Ark. 1999).

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Opinion

Per Curiam.

Appellant Ray Albert Hussey has filed a motion for rule on the motion for rule on the clerk. The motion reflects that the notice of appeal was filed October 13, 1998; however, the record was not tendered until January 12, 1999, more than ninety days later. See Ark. R. App. P. — Civ. 5(a). His attorney, G.B. “Bing” Colvin III, admits in the motion that the record was tendered late due to a mistake on his part.

We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Davis v. State, 335 Ark. 136, 983 S.W.2d 122 (1998) (per curiam); Harkness v. State, 264 Ark. 561, 572 S.W.2d 835 (1978). A copy of this per curiam opinion will be forwarded to the Committee on Professional Conduct. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

Motion granted.

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Per Curiam.

Appellant Ray Albert Hussey has filed a motion for rule on the motion for rule on the clerk. The motion reflects that the notice of appeal was filed October 13, 1998; however, the record was not tendered until January 12, 1999, more than ninety days later. See Ark. R. App. P. — Civ. 5(a). His attorney, G.B. “Bing” Colvin III, admits in the motion that the record was tendered late due to a mistake on his part.

We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Davis v. State, 335 Ark. 136, 983 S.W.2d 122 (1998) (per curiam); Harkness v. State, 264 Ark. 561, 572 S.W.2d 835 (1978). A copy of this per curiam opinion will be forwarded to the Committee on Professional Conduct. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

Motion granted.

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Bluebook (online)

983 S.W.2d 438, 336 Ark. 309, 1999 Ark. LEXIS 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hussey-v-state-ark-1999.

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