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325 Ark. 521

Guss v. State

Supreme Court of Arkansas

Decided September 16, 1996

Supreme Court of Arkansas · decided 1996-09-16

Cited by 5 later decisions — most recently October 2001

5 state decisions

Relies on Rogers v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-09-16

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Per Curiam.

¶1Appellant James Guss, by his attorney, Jeffrey H. Kearney, has filed a motion for a rule on the clerk. Appellant filed a timely notice of appeal from the denial of his petition for postconviction relief pursuant to Rule 37 of the Arkansas Rules of Criminal Procedure. His attorney admits by motion that the record of the postconviction proceedings was tendered late due to a mistake on his part.

¶2We find that such an error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). The motion is therefore granted.

¶3A copy of this opinion will be forwarded to the Committee on Professional Conduct.

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