Lucille Smith and Brenda Spencer v. State of Arkansas

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

May 27, 2004

LUCILLE SMITH and BRENDA SPENCER

Petitioners

v.

STATE OF ARKANSAS

Respondent

CR 04-72

PRO SE JOINT MOTION FOR RECONSIDERATION OF JOINT MOTION FOR BELATED APPEAL OF JUDGMENTS OF CONVICTION OR FOR WRIT OF PROHIBITION OR WRIT OF HABEAS CORPUS [CIRCUIT COURT OF ARKANSAS COUNTY, NORTHERN DISTRICT, NO. CR 74-3, HON. RUSSELL ROGERS, JUDGE]

MOTION DENIED

Per Curiam

Lucille Smith and Brenda Spencer were found guilty by a jury in 1974 of murder in the first degree and sentenced to life imprisonment. No appeal was taken, and approximately thirty years after the judgments were entered, they filed in this court a joint pro se motion to proceed with a belated appeal of the judgments, or in the alternative, that this court issue a writ of prohibition or writ of habeas corpus. Having concluded that the petitioners were not diligent in seeking a belated appeal, we denied the motion. We further denied the other relief sought. Smith and Spencer v. State, CR 04-72 (Ark. April 22, 2004) (per curiam). Petitioners now ask that the motion be reconsidered.

The motion for reconsideration, which primarily pertains to our denial of the petition for writ of habeas corpus sought by petitioners, does not contain any new information. As we said in the original decision, their allegations should first be addressed to the circuit court in the county in which they are incarcerated. That court will be in a position to hold an evidentiary hearing, if it deems necessary, to assess the claims made by petitioners.

Motion denied.