Terrick Nooner v. Scott Adams and Gwendolyn Hodge

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

May 3, 2001

TERRICK NOONER

Petitioner

v.

SCOTT ADAMS AND GWENDOLYN HODGE

Respondents

01-320

PRO SE MOTION FOR RULE ON CLERK [CIRCUIT COURT OF CONWAY COUNTY, NO. CIV 00-87]

MOTION DISMISSED

Terrick Nooner, who was convicted of capital murder and sentenced to death in 1993, filed a civil action against two persons in the Circuit Court of Conway County, which was dismissed on September 21, 2000. On January 18, 2001, Nooner tendered to this court a motion to stay the appeal of the order with an uncertified copy of the order as the only record. On March 19, 2001, Nooner filed the instant motion for rule on clerk asking that he be permitted to lodge the copy of the order as an appeal record. Petitioner Nooner contends in the motion for rule on clerk that he filed a timely notice of appeal and is thus entitled to lodge an appeal.

Petitioner has not provided a copy of the notice of appeal he claims to have filed, but even if there was a timely notice of appeal filed, an appeal cannot be perfected by tendering uncertified documents here. In cases in which the jurisdiction of this court is appellate as with appeals from civil orders, it is the certified record of the trial court proceedings that provides the basis on which

this court can assume jurisdiction of the matter. Accordingly, at least a certified partial record is required to perfect an appeal. The motion for rule on clerk is dismissed.

Motion dismissed.