Vaughn v. State

Supreme Court of Arkansas

Vaughn v. State

970 S.W.2d 816, 334 Ark. 211, 1998 Ark. LEXIS 447

CourtSupreme Court of Arkansas

DecidedJuly 9, 1998

DocketCR 98-741

StatusPublished

This text of 970 S.W.2d 816 (Vaughn 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

Vaughn v. State, 970 S.W.2d 816, 334 Ark. 211, 1998 Ark. LEXIS 447 (Ark. 1998).

Pincite

Opinion

Per Curiam.

Appellant Daryl Vaughn, by his attorney, J. Leon Johnson, 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., Tarry v. State, 288 Ark. 172, 702 S.W.2d 804 (1986) (per curiam). Here, the attorney admits that the record was filed one day late, and that he was in error in failing to file the record on time.

We find that such an error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Harkness v. State, 264 Ark. 561, 572 S.W.2d 835 (1978). A copy of this opinion will be forwarded to the Committee on Professional Conduct.

Motion granted.

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