Scales v. State

Supreme Court of Arkansas

Scales v. State

45 S.W.3d 378, 345 Ark. 224, 2001 Ark. LEXIS 372, 2001 WL 624924

CourtSupreme Court of Arkansas

DecidedJune 7, 2001

DocketCR 01-549

StatusPublished

This text of 45 S.W.3d 378 (Scales 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

Scales v. State, 45 S.W.3d 378, 345 Ark. 224, 2001 Ark. LEXIS 372, 2001 WL 624924 (Ark. 2001).

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Opinion

Per Curiam.

Appellant Rodney A. Scales, by and through his attorney, has filed a motion for rule on the clerk. The motion reflects that the record on appeal was due to be filed on December 21, 2000. On December 22, Appellant’s attorney filed a motion for extension of time to file the record on appeal. The trial court granted the extension on January 8, 2001. The record was tendered with this court’s clerk on March 23, 2001. Appellant’s attorney, Dale West, acknowledges that both the motion for extension and the order granting the extension were untimely, and he admits responsibility for tendering the record late.

We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. Jones v. State, 338 Ark. 29, 992 S.W.2d 85 (1999) (per curiam) (citing Tarry v. State, 288 Ark. 172, 702 S.W.2d 804 (1986) (per curiam)).

The motion for rule on the clerk is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

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Per Curiam.

Appellant Rodney A. Scales, by and through his attorney, has filed a motion for rule on the clerk. The motion reflects that the record on appeal was due to be filed on December 21, 2000. On December 22, Appellant’s attorney filed a motion for extension of time to file the record on appeal. The trial court granted the extension on January 8, 2001. The record was tendered with this court’s clerk on March 23, 2001. Appellant’s attorney, Dale West, acknowledges that both the motion for extension and the order granting the extension were untimely, and he admits responsibility for tendering the record late.

We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. Jones v. State, 338 Ark. 29, 992 S.W.2d 85 (1999) (per curiam) (citing Tarry v. State, 288 Ark. 172, 702 S.W.2d 804 (1986) (per curiam)).

The motion for rule on the clerk is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

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Bluebook (online)

45 S.W.3d 378, 345 Ark. 224, 2001 Ark. LEXIS 372, 2001 WL 624924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scales-v-state-ark-2001.

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