John Briley v. Larry Norris, Director, Arkansas Department of Correction

ARKANSAS SUPREME COURT

No. 04-716

NOT DESIGNATED FOR PUBLICATION

JOHN BRILEY

Appellant

v.

LARRY NORRIS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION

Appellee

Opinion Delivered January 27, 2005

PRO SE MOTION FOR RECONSIDERATION [CIRCUIT COURT OF JEFFERSON COUNTY, CV 2003-796-5, HON. FRED DAVIS, JUDGE]

MOTION DENIED

PER CURIAM

John Briley appealed to this court from an order denying his petition for writ of habeas corpus. The appeal was dismissed because it was clear from the record that appellant Briley could not prevail on appeal. Briley v. Norris, 04-716 (Ark. October 21, 2004) (per curiam). Now before us appellant's motion for reconsideration.

The motion is denied. As we said in the original opinion, the allegations in the habeas petition were not sufficient to demonstrate that the commitment in appellant's criminal case was invalid or that the trial court lack jurisdiction in the case. As a result, there was no ground on which the writ could be issued. The motion for reconsideration does not establish that there was any error in that assessment of the merits of the petition.

Motion denied.