SUPREME COURT OF ARKANSAS
No. CR-14-802
TRACY LAND DAVIS Opinion Delivered October 23, 2014
APPELLANT
MOTION FOR RULE ON CLERK
V.
STATE OF ARKANSAS MOTION GRANTED.
APPELLEE
PER CURIAM
Appellant Tracy Land Davis, by and through his attorney, has filed a motion for rule
on clerk. His attorney, Mark Klappenbach, states in the motion that the record was tendered
late due to a mistake on his part.
This court clarified its treatment of motions for rule on clerk and motions for belated
appeals in McDonald v. State,
(2004). There, we said there are
only two possible reasons for an appeal not being timely perfected: either the party or
attorney filing the appeal is at fault, or, there is “good reason.”
. We explained:
Where an appeal is not timely perfected, either the party or attorney filing the
appeal is at fault, or there is good reason that the appeal was not timely perfected. The
party or attorney filing the appeal is therefore faced with two options. First, where the
party or attorney filing the appeal is at fault, fault should be admitted by affidavit filed
with the motion or in the motion itself. There is no advantage in declining to admit
fault where fault exists. Second, where the or attorney believes that there is good
reason the appeal was not perfected, the case for good reason can be made in the
motion, and this court will decide whether good reason is present.
Cite as
(footnote omitted). While this court no longer requires an affidavit
admitting fault before we will consider the motion, an attorney should candidly admit fault
where he or she has erred and is responsible for the failure to perfect the appeal. See
id.
In accordance with McDonald v.
State, supra,
Mr. Klappenbach has candidly admitted
fault. The motion is, therefore, granted. A copy of this opinion will be forwarded to the
Committee on Professional Conduct.
Motion granted.
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