Hussey v. State

Appellant Ray Albert Hussey has filed a motion for rule on the motion for rule on the clerk. The motion reflects that the notice of appeal was filed October 13, 1998; however, the record was not tendered until January 12, 1999, more than ninety days later. See Ark. R. App. P. — Civ. 5(a). His attorney, G.B. “Bing” Colvin III, admits in the motion 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 Davis v. State, 335 Ark. 136, 983 S.W.2d 122 (1998) (per curiam);…