Edward Loveless v. State of Arkansas
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ARKANSAS SUPREME COURT
No. CR 05648 & CACR 04525
Opinion Delivered
EDWARD LOVELESS
Petitioner
v.
STATE OF ARKANSAS
Respondent
March 6, 2008
PRO SE REQUEST FOR
DETERMINATION AND RULING
CONCERNING A REQUEST FOR
EXTRAORDINARY WRIT [CIRCUIT
COURT OF POPE COUNTY, CR 2002
658, CR 2003115]
PRO SE REQUEST TREATED AS
SECOND MOTION FOR
RECONSIDERATION AND DENIED.
PER CURIAM
Now before us is a pro se request filed by petitioner Edward Loveless in which he seeks a
determination and ruling concerning a prior request for extraordinary writ. For the reasons set forth
below, the pro se request is treated as a second motion for reconsideration and denied.
A history of petitioner’s filings in this court is helpful in understanding the instant petition.
Petitioner appealed from a criminal judgment of conviction to the Arkansas Court of Appeals and the
judgment was affirmed. Loveless v. State, CACR 04525 (Ark. App. Mar. 2, 2005). Subsequently,
he sought relief pursuant to Ark. R. Crim. P. 37.1 and the trial court denied the petition. Petitioner
appealed the denial of the petition to this court. A briefing schedule was set, and petitioner failed to
file his briefinchief resulting in the dismissal of the appeal. Loveless v. State, CR 05648 (Ark. Jan.
26, 2006) (per curiam).
Prior to the January 26, 2006, dismissal, petitioner filed a number of motions and petitions
in the Rule 37.1 appeal. These pleadings included a motion to stay the appeal, a petition for writ of
certiorari to be allowed to pursue a writ of error coram nobis, and a petition to combine the appeal
with the petition for writ of certiorari. The motion to stay the appeal and the petition for writ of
certiorari were denied, thus the motion to combine the appeal with the petition for writ of certiorari
was moot. Loveless v. State, CR 05648 (Ark. Oct. 20, 2005) (per curiam). The dismissal of the
appeal decided on January 26, 2006, also denied a motion for reconsideration of the October 20,
2005, decision.
Thereafter, petitioner filed in this court two petitions requesting a copy of the records on file
with this court, including trial transcripts. Petitioner did not identify the appellate case to which he
referred, so the petitions were considered as to both the criminal and postconviction cases.
On January 16, 2007, petitioner filed a “petition for use of transcript” in this court. Petitioner
made no demonstration of some compelling need for specific documentary evidence to support a
claim for postconviction relief, and no petition for postconviction relief was pending at that time.
Therefore, the petition was denied. Loveless v. State, CR 05648 and CACR 04525 (Ark. Feb. 1,
2007) (per curiam) (citing Austin v. State, 287 Ark. 256, 697 S.W.2d 914 (1985) (per curiam)). In
that ruling, we also stated that access to the record would entail photocopying any materials
requested, and that petitioner was not entitled to photocopying at state expense, following the ruling
in Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996) (per curiam).
Next, petitioner filed a “petition for rehearing and request for extraordinary writ” on February
15, 2007, which we treated as a motion for reconsideration of our February 1, 2007, denial of the
January 2007 petition. That motion for reconsideration reiterated a request for the records in his
appeals, and added that petitioner only sought use of the electronic forms of the documents. In
denying the motion for reconsideration, we held that no electronic forms of documents are maintained
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by our clerk, and that petitioner did not establish a compelling need for specific documentary evidence
to support a claim for postconviction relief. Loveless v. State, CR 05648 and CACR 04525 (Ark.
Mar. 1, 2007) (per curiam).
Now before us is petitioner’s “request for determination and ruling concerning a request for
extraordinary writ filed February 15, 2007” filed on December 20, 2007. In this pleading, it is not
clear as to the kind of relief that is being requested or the exact nature of the request. First, petitioner
refers to the February 15, 2007, pleading as an independent request for relief, although we treated
that pleading as a motion for reconsideration of our denial of the January 2007 petition. Next,
petitioner contends that this court misinterpreted his prior pleadings. He complains that he has been
deprived of various documents and access to the case records, and seeks reconsideration of his prior
petition. The underpinning of the petition before us is appellant’s use of a trial transcript. Thus, we
determine that the relief requested is most likely intended to be a second motion for reconsideration
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of the denial of the January 2007 petition.
Although petitioner insists to the contrary, no documents contained in the records maintained
by our clerk are available by electronic means. As a result, use of a trial transcript or record on
appeal requires actual physical access to the documents. Because only licensed attorneys may check
out a record from the clerk’s office, and petitioner is incarcerated and cannot come to the clerk’s
office to examine the record, the only relief that can be afforded him is to make a photocopy of the
material. We are therefore required to treat his petition as one for a photocopy of the record on
appeal, which is the same request made in the January 2007 petition and the February 2007 motion
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Petitioner also complains in the present motion that we neglected to rule on his extraordinary writ
request. At no point has petitioner explained the meaning or precise function of an “extraordinary writ,”
but he does reiterate his request for use of a transcript.
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for reconsideration.
Here, petitioner has not made a showing of entitlement to a copy of the records from his prior
appeals. He has failed to show some compelling need for specific documentary evidence to support
a claim for postconviction relief, and no postconviction petition is pending at this time. Austin, supra.
Also, petitioner is not entitled to photocopying at state expense. Moore, supra. Therefore, petitioner
has not demonstrated that there was some error of fact or law in the February 1, 2007, decision that
would merit reconsideration of the denial of the January 2007 petition for access to the material on
file here.
Pro se request treated as second motion for reconsideration and denied.
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