Timothy Black v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-461

NOT DESIGNATED FOR PUBLICATION

TIMOTHY BLACK

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered June 30, 2005

PRO SE MOTION FOR RECONSIDERATION OF DISMISSAL OF APPEAL [CIRCUIT COURT OF YELL COUNTY, CR 1993-79, HON. PAUL DANIELSON, JUDGE]

MOTION DENIED

PER CURIAM

Timothy Black appealed to this court from the circuit court order that denied his "belated Rule 37 petition." We dismissed the appeal on the grounds that the trial court did not err when it held that the petition was untimely and thus Black was entitled to no relief under Criminal Procedure Rule 37.1. Black v. State, CR 05-461 (Ark. June 2, 2005) (per curiam).

Appellant now asks that we reconsider the dismissal of the appeal. He contends that this court's failure to consider the merits of his arguments raised under Rule 37.1 amounted to a denial of due process of law.

It is well settled that due process does not require courts to provide unlimited opportunity to raise postconviction claims. See Maulding v. State, 299 Ark. 570, 776 S.W.2d 339 (1989). As appellant cites no error of fact or law in the opinion dismissing the appeal, the motion for reconsideration is denied.

Motion denied.