Gary T. Cloird v. M. D. Reed, Warden

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

MARCH 1, 2001

GARY T. CLOIRD

Appellant

v.

M. D. REED, WARDEN

Appellee

CR 00-166

PRO SE MOTION TO PROCESS APPEAL AS A PETITION FOR WRIT OF CERTIORARI [CIRCUIT COURT OF LINCOLN, NO. LCIV 99-10-3, HON. FRED DAVIS, JUDGE]

MOTION DENIED

In 1992, Gary Cloird, was found guilty of rape and theft of property. An aggregate sentence of thirty-five years' imprisonment and a fine of $1,000 were imposed. We affirmed. Cloird v. State, 314 Ark. 296, 862 S.W.2d 211 (1993). Cloird subsequently filed in the circuit court in the county in which he was incarcerated a pro se petition for writ of habeas corpus, seeking release from custody. The petition was denied. The record on appeal from that order has been lodged here.

Appellant Cloird now seeks to have the appeal treated as a petition for writ of certiorari. The motion is based on appellant's belief that the denial of a habeas petition is properly reviewed in this court by means of a petition for writ of certiorari. The motion is denied inasmuch as we held in Fulks v. Walker, 224 Ark. 639, 275 S.W.2d 873 (1955), that requiring a writ of certiorari where there was a final order in a habeas proceeding needlessly complicated appellate proceedings, and that henceforth the court would call such proceedings by their true name, appeals, and regard them as being governed by the statutes pertaining to appeals. See In Re Habeas Corpus Proceedings, 313 Ark. 168, 852 S.W.2d 791 (1993).

Motion denied.