Slaughter v. State

Supreme Court of Arkansas

Slaughter v. State

992 S.W.2d 802, 338 Ark. 285, 1999 Ark. LEXIS 342

CourtSupreme Court of Arkansas

DecidedJune 24, 1999

DocketCR 99-655

StatusPublished

Cited by2 cases

This text of 992 S.W.2d 802 (Slaughter 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.

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Slaughter v. State, 992 S.W.2d 802, 338 Ark. 285, 1999 Ark. LEXIS 342 (Ark. 1999).

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Opinion

Per Curiam.

Appellant John Slaughter has filed a motion for rule on the clerk. The motion reflects that the judgment and commitment order was entered on October 21, 1998, and the notice of appeal was filed on November 19, 1998. The record was not tendered until June 3, 1999, more than seven months from the date the judgment was entered. See Ark. R. App. P.—Civ. Rule 5(b).

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 or her part. Pack v. State, 335 Ark. 374, 983 S.W.2d 125 (1998) (per curiam); Turner v. State, 334 Ark. 240, 973 S.W.2d 480 (1998) (per curiam). Here, Appellant’s attorney, John W. Cone, 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. 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).

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Per Curiam.

Appellant John Slaughter has filed a motion for rule on the clerk. The motion reflects that the judgment and commitment order was entered on October 21, 1998, and the notice of appeal was filed on November 19, 1998. The record was not tendered until June 3, 1999, more than seven months from the date the judgment was entered. See Ark. R. App. P.—Civ. Rule 5(b).

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 or her part. Pack v. State, 335 Ark. 374, 983 S.W.2d 125 (1998) (per curiam); Turner v. State, 334 Ark. 240, 973 S.W.2d 480 (1998) (per curiam). Here, Appellant’s attorney, John W. Cone, 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. 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).

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992 S.W.2d 802, 338 Ark. 285, 1999 Ark. LEXIS 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slaughter-v-state-ark-1999.

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