Supreme Court of Arkansas, 1991

Montgomery v. State

Montgomery v. State
Supreme Court of Arkansas · Decided February 18, 1991
304 Ark. 587; 802 S.W.2d 472; 1991 Ark. LEXIS 678

Montgomery v. State

Opinion of the Court

Per Curiam.

Appellant Jimmy Don Montgomery, by his attorney, has filed a motion for a rule on the clerk.

His attorney, C.D. Mitchell, admits by motion and brief 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, In Re: Belated Appeals in Criminal Cases, 265 Ark. 964.

The motion is therefore granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.

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