Supreme Court of Arkansas, 1998

Neal v. State

Neal v. State
Supreme Court of Arkansas · Decided November 19, 1998
335 Ark. 259; 979 S.W.2d 93; 1998 Ark. LEXIS 637

Neal v. State

Opinion of the Court

Per Curiam.

Appellant, William Avon Neal, by his attorney, John L. Kearney, has filed a motion for belated appeal. His attorney admits that the record was tendered late due to a mistake on his part.

We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated Appeals in Criminal Cases, 295 Ark. 964 (1979) (per curiam).

Because appellant’s attorney admitted fault and his motion was proper under Ark. R. App. P. — Crim. 2, the motion to file belated appeal was granted, and the per curiam was treated as a motion for rule on the clerk.

A copy of this per curiam will be forwarded to the Committee on Professional Conduct. In Re: Belated Appeals in Criminal Cases, 265 Ark. 964.

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