Tarry v. State

The Arkansas County Circuit Court denied appellant’s Rule 37 motion on May 21, 2001, and appellant filed his notice of appeal on June 19, 2001. The transcript was tendered to the clerk’s office on September 18, 2001, or one day after the ninety-day time limit had lapsed.

Appellant filed a motion for rule on the clerk to compel the clerk’s office to accept the transcript. In the motion, it is contended that the circuit clerk misled appellant’s attorney, Craig Lambert, into believing that September 18, 2001, was the deadline for filing the transcript. Mr. Lambert states that he faxed the notice…