Benjamin Williams, Jr. v. State of Arkansas

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cr00-429

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

DECEMBER 12, 2002

BENJAMIN WILLIAMS, JR.

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 00-429

PRO SE MOTION FOR COPY OF TRIAL TRANSCRIPT [CIRCUIT COURT OF PULASKI COUNTY, FOURTH DIVISION, CR 99-1024, HON. JOHN W. LANGSTON, JUDGE]

MOTION DENIED

A jury found petitioner guilty of first-degree murder, and he was sentenced to thirty years in prison. The Court of Appeals affirmed. Williams v. State, CACR 00-429 (Ark. App. Jan. 9, 2002)(unpublished).

Petitioner requests a copy of his trial transcript at public expense. He states that the trial transcript is needed to prepare and perfect an appeal of the denial of a petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37. At this time, Williams has not lodged any record on appeal from the denial of a Rule 37 petition with the Clerk of the Court.

A petitioner has the right to seek review of a ruling on a petition for postconviction relief. Skinner v. State, 344 Ark. 184, 186, 40 S.W.3d 269, 270 (2001). This court, however, acquires jurisdiction over a Rule 37 appeal upon the filing of the transcript or partial transcript from the denial of relief. See Sherman v. State, 326 Ark. 153, 931 S.W.2d 417 (1996). The fact that a petitioner is proceeding pro se in itself does not constitute good cause for the failure to conform tothe prevailing rules of procedure. Walker v. State, 283 Ark. 339, 676 S.W.2d 460 (1984); Thompson v. State, 280 Ark. 163, 655 S.W.2d 424 (1983); see also Sullivan v. State, 301 Ark. 352, 784 S.W.2d 155 (1990). It is not the responsibility of the circuit clerk or anyone other than the appellant to perfect an appeal. See Sullivan v. State, supra.

This court currently has no jurisdiction over the alleged denial of Rule 37 relief by the circuit court, and petitioner has not otherwise shown good cause for why his motion should be granted. Accordingly, petitioner's motion is denied.

It should be noted that the appeal transcript from petitioner's direct appeal remains permanently on file with the clerk. Persons may review a transcript in the clerk's office and photocopy all or portions of it. An incarcerated person desiring a photocopy of a transcript may write this court, remit the photocopying fee, and request that the copy be mailed to the prison. All persons, including prisoners, must bear the cost of photocopying. See Moore, 324 Ark. 453, 921 S.W.2d 606 (1996).

Motion denied.

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