Carl Davis, Jr. v. Larry Norris, Director, Arkansas Department of Correction
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ARKANSAS SUPREME COURT
No. 071139
Opinion Delivered
CARL DAVIS, JR.
Petitioner
v.
LARRY NORRIS, DIRECTOR,
ARKANSAS DEPARTMENT OF
CORRECTION
Respondent
February 28, 2007
PRO SE MOTIONS FOR
RECONSIDERATION AND FOR
APPOINTMENT OF COUNSEL
[CIRCUIT COURT OF LEE COUNTY,
CV 2006127, HON. HARVEY L.
YATES, JUDGE]
MOTION FOR RECONSIDERATION
DENIED; MOTION FOR
APPOINTMENT OF COUNSEL MOOT.
PER CURIAM
Now before us are petitioner’s pro se motions for reconsideration and for appointment of
counsel. On January 10, 2008, this court denied petitioner’s motion for rule on clerk to lodge the
record on appeal belatedly and to proceed with the appeal from the dismissal of his petition for writ
of habeas corpus. Davis v. State, 071139 (Ark. Jan. 10, 2008) (per curiam). In denying the motion
for rule on clerk, we held that it was petitioner’s responsibility to timely perfect the appeal and that
he failed to do so.
In the motion for reconsideration, petitioner continues to maintain that it was through the fault
of the circuit clerk that the record on appeal was not timely transmitted to this court within the
limitations of Ark. R. App. P.–Civ. 5(a). The responsibility to perfect an appeal rests solely with a
petitioner, not the circuit clerk, circuit court or any other person. Sullivan v. State, 301 Ark. 352,
784 S.W.2d 155 (1990) (per curiam). Petitioner has failed to meet his burden of demonstrating that
there was some error of fact or law in the present decision that would merit reconsideration of the
denial of the motion for rule on clerk. As a result, petitioner’s motion for appointment of counsel is
moot and need not be addressed.
Motion for reconsideration denied; motion for appointment of counsel moot.
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