Wells v. State

Supreme Court of Arkansas

Wells v. State

86 S.W.3d 844, 350 Ark. 303, 2002 Ark. LEXIS 504

CourtSupreme Court of Arkansas

DecidedOctober 10, 2002

DocketCR 02-996

StatusPublished

This text of 86 S.W.3d 844 (Wells 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

Wells v. State, 86 S.W.3d 844, 350 Ark. 303, 2002 Ark. LEXIS 504 (Ark. 2002).

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Opinion

Per Curiam.

Appellant Ralph Nelson Wells, by and through his attorney, B. Kenneth Johnson, has filed a motion for rule on the clerk. On June 13, 2002, a notice of appeal was filed. The record on appeal was due to be filed with the Supreme Court Clerk on September 11, 2002, although it was not tendered until September 13, 2002. Appellant’s attorney 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 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 Ralph Nelson Wells, by and through his attorney, B. Kenneth Johnson, has filed a motion for rule on the clerk. On June 13, 2002, a notice of appeal was filed. The record on appeal was due to be filed with the Supreme Court Clerk on September 11, 2002, although it was not tendered until September 13, 2002. Appellant’s attorney 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 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)

86 S.W.3d 844, 350 Ark. 303, 2002 Ark. LEXIS 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-state-ark-2002.

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