Hans C. Hess v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-164

NOT DESIGNATED FOR PUBLICATION

HANS C. HESS

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered October 13, 2005

PRO SE MOTION FOR RULE ON THE CLERK [CIRCUIT COURT OF PULASKI COUNTY, CR 1993-2251, CR 1997-1922, HON. TIMOTHY DAVIS FOX, JUDGE]

MOTION TREATED AS MOTION TO FILE BELATED REPLY BRIEF AND GRANTED

PER CURIAM

A judgment entered in 1994 reflects that Hans C. Hess had entered a plea of guilty to rape and was placed on probation. Probation was revoked and Hess was sentenced to 120 months' imprisonment. In 1997, Hess pleaded guilty to two additional charges of rape and was sentenced to an aggregate sentence of 336 months' imprisonment. In 2004, Hans C. Hess filed in the trial court a pro se petition for writ of habeas corpus pursuant to Act 1780 of 2001, codified as Ark. Code Ann. § 16-112-201--207 (Supp. 2001). Act 1780 provides that a writ of habeas corpus can issue based upon new scientific evidence proving a person actually innocent of the offense or offenses for which he or she was convicted. Ark. Code Ann. §§ 16-112-103(a)(1), and 16-112-201--207 (Supp. 2001); see Echols v. State, 350 Ark. 42, 44, 84 S.W.3d 424, 426 (2002) (per curiam).

The circuit court denied the petition. The record on appeal from the order has been lodged here and the initial briefs submitted. On June 13, 2005, appellant tendered his reply brief. Because the time to file the reply brief had elapsed on June 7, 2005, our clerk correctly declined to file it.

Now before us is appellant's motion for rule on the clerk. Since the record has been lodged, and appellant seeks leave to file the reply brief belatedly, we will treat this as a motion to file a belated reply brief. Appellant contends that the brief was tendered late as a result of problems he experienced due to his incarceration. Appellant tendered the brief only six days past the due date and has stated good cause for the delay in tendering his brief. As appellant has otherwise complied with the rules of this court, we will accept the tendered brief.

Motion treated as motion to file belated reply brief and granted.