Wade v. State

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Petitioner was convicted of aggravated robbery. Petitioner later filed a timely petition for postconviction relief under Ark. R. Crim. P. 37.1. The trial court dismissed the petition on the basis that it had not been properly verified. Petitioner subsequently filed a motion for reconsideration, which the trial court denied. Petitioner filed a notice of appeal seeking to appeal the order dismissing the Rule 37.1 petition. Petitioner then tendered to the Supreme Court’s clerk a record for the appeal. The clerk declined to file the record on the basis that the notice of appeal was not timely filed. Before the Supreme Court was Petitioner’s pro se motion to have the clerk lodge the record and proceed with a belated appeal and another motion requesting the record at public expense. The Supreme Court treated the motion to lodge the record as a motion for belated appeal and denied both motions, holding (1) the clerk correctly declined to accept the record on the basis that the notice of appeal was not timely filed; and (2) Petitioner failed to meet his burden of demonstrating a compelling need for free copying of material at public expense. View "Wade v. State" on Justia Law