James Hannah v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JANUARY 23, 2003

JAMES HANNAH

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 02-680

PRO SE MOTION FOR RECONSIDERATION OF MOTION FOR RULE ON CLERK [CIRCUIT COURT OF GREENE COUNTY, CR 2000-106, HON. SAMUEL TURNER, JR., JUDGE]

MOTION DISMISSED

James Hannah was found guilty of rape and was sentenced to thirty-five years' imprisonment. Hannah then filed a petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37, which the circuit court denied as untimely filed. Petitioner Hannah filed a timely notice of appeal, but failed to lodge the record on appeal with this court within ninety days of the notice of appeal. Ark. R. App. P. -- Civ. 5(a); Ark. R. App. P. -- Crim. 4. Petitioner then sought a rule on the clerk to lodge the appeal belatedly. As we found that he could not be successful on appeal even if permitted to proceed because the Rule 37 petition was indeed untimely, the motion was denied. Hannah v. State, CR 02-608 (Ark. October 10, 2002) (per curiam).

Now before us is Hannah's motion for reconsideration of the motion for rule on clerk.

The motion is dismissed. We have held that this court will not consider a pleading for

reconsideration in a postconviction proceeding, including Rule 37 matters, because there is no provision in the court's rules for such a pleading. In Re: Motions for Reconsideration in Post-conviction Matters, 319 Ark. Appx. 826 (1994).

Motion dismissed.

Arnold, C. J., not participating.