Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981)

March 23, 1981 · Arkansas Supreme Court

272 Ark. 243, 613 S.W.2d 90

William TERRY v. STATE of Arkansas

613 S.W. 2d 90

Supreme Court of Arkansas

March 23, 1981

E. Alvin Schay, State Appellate Defender, by: Jack R. Kearney, Deputy Defender, for appellant.

Steve Clark, Atty. Gen., for appellee.

Per Curiam.

Appellant William Terry, by his attorney, has again filed for a rule on the clerk. In a per curiam opinion issued March 16, 1981, we denied a similar motion. His attorney, E. Alvin Schay, has attached an affidavit admitting that the record was tendered late due to a mistake on his part.

We find that such an error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See our per curiam opinion dated February 5, 1979, 265 Ark. 964, In Re: Belated Appeals in Criminal Cases.

A copy of this opinion will be forwarded to the Committee on Professional Conduct.