Moore v. State , 2014 Ark. 528 ( 2014 )

Cite as 2014 Ark. 528
SUPREME COURT OF ARKANSAS
No. CR-14-989
LACHANDRA MOORE Opinion Delivered December 11, 2014
APPELLANT
MOTION FOR RULE ON CLERK
V.
STATE OF ARKANSAS
APPELLEE MOTION GRANTED.
PER CURIAM
Lachandra Moore, by and through her attorney, Shaun Hair, has filed a motion for rule
on clerk. On July 16, 2014, the circuit court entered a judgment and commitment order.
Moore timely filed a notice of appeal on August 15, 2014. Moore’s counsel tendered the
transcript on November 19, 2014. Pursuant to Arkansas Rule of Appellate
Procedure–Criminal 4(b) (2014), Moore’s transcript was due no later than November 14,
2014.
In McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004), we said that 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. Id. at 116, 146 S.W.3d at 891. Moore’s
attorney has candidly admitted fault in the failure to timely file the transcript. When it is plain
from the motion, affidavits, and record that relief is proper under either rule based on error
or good reason, the relief will be granted, and if there is attorney error, a copy of the opinion
will be forwarded to the Committee on Professional Conduct. See id.
We grant Moore’s motion for rule on clerk as she has shown good cause to proceed.
Cite as 2014 Ark. 528
Because the failure to perfect this appeal lies with Moore’s counsel, a copy of this opinion will
be forwarded to the Committee on Professional Conduct.
Motion granted.
Shaun Hair, for appellant.
No response.
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