Sanders v. State

Supreme Court of Arkansas

Sanders v. State

991 S.W.2d 611, 338 Ark. 216, 1999 Ark. LEXIS 323

CourtSupreme Court of Arkansas

DecidedJune 17, 1999

DocketCR 99-628

StatusPublished

Cited by1 cases

This text of 991 S.W.2d 611 (Sanders 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

Sanders v. State, 991 S.W.2d 611, 338 Ark. 216, 1999 Ark. LEXIS 323 (Ark. 1999).

Pincite

Opinion

Per Curiam.

Corey Sanders, 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., Terry 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 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.

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