Steven Pinder v. State of Arkansas
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ARKANSAS SUPREME COURT
No. CR 07710
Opinion Delivered
STEVEN PINDER
Appellant
v.
STATE OF ARKANSAS
Appellee
January 17, 2008
PRO SE PETITION FOR WRIT OF
CERTIORARI AND REQUEST FOR
EXTENSION OF TIME TO FILE
APPELLANT’S BRIEF AND PRO SE
MOTION FOR DUPLICATION OF
BRIEF AT PUBLIC EXPENSE
[CIRCUIT COURT OF COLUMBIA
COUNTY, CR 200230, HON.
RUSSELL ROGERS, JUDGE]
PETITION FOR WRIT OF
CERTIORARI GRANTED IN PART
AND DENIED IN PART; REQUEST
FOR EXTENSION OF BRIEF TIME
MOOT; MOTION FOR DUPLICATION
DENIED.
PER CURIAM
In 2002, appellant Steven Pinder was found guilty by a jury of two counts of rape and
sentenced to life imprisonment on each count. We affirmed. Pinder v. State, 357 Ark. 275, 166
S.W.3d 49 (2004). Subsequently, appellant sought relief pursuant to Ark. R. Crim. P. 37.1. The trial
court denied the petition and appellant has filed an appeal from that denial.
Previously, appellant filed in this court a petition for writ of certiorari to complete the record
on appeal, which we treated as a motion for access to the record and granted. In addition, we
granted appellant’s motion for extension of time to file his briefinchief. Pinder v. State, CR 07710
(Ark. Nov. 1, 2007) (per curiam).
Now before us are appellant’s pro se petition for writ of certiorari and request for extension
of time to file appellant’s brief and pro se motion for duplication of his brief at public expense. In his
current petition for certiorari, appellant asserts that although his notice of appeal designated the entire
record below to be brought up on appeal, the record filed in this court does not contain a large
number of documents and pleadings, including the original petition for postconviction relief, certain
orders of the trial court and hearing transcripts. He seeks a writ of certiorari to direct the circuit
court clerk and the court reporter to correct any omissions and errors in the record in order to
complete the record on appeal.
After filing the petition for writ of certiorari and the request for extension of time, appellant
tendered his brief with a motion asking that it be duplicated at public expense. As appellant has
tendered his brief, the request for additional brief time is moot. It would also appear that he has
abandoned the request for a more complete record. In the petition, appellant moreover failed to
explain the significance of any item allegedly missing, with the exception of the original Rule 37.1
petition. Therefore, we deny the petition for writ of certiorari in all respects except the request that
the original Rule 37.1 petition be brought up. The original petition is necessary to the record for this
appeal.
Regarding appellant’s request that his brief be duplicated at public expense, there is no right
under our rules or any constitutional provision to have a brief or a portion of a brief in a civil case
duplicated at public expense. See Maxie v. Gaines, 317 Ark. 229, 876 S.W.2d 572 (1994) (per
curiam). Nevertheless, in those cases where the indigent appellant makes a substantial showing in
a motion that the appeal has merit and that he or she cannot provide the court with a sufficient
number of copies of the brief, we will request that the Attorney General duplicate the brief. Here,
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appellant has failed to show substantial merit to the appeal, and thus has not stated any basis for the
brief to be duplicated at public expense.
The brief tendered by appellant contains the necessary addendum, including a copy of the Rule
37.1 petition missing from the record. Therefore, the brief will be filed in the court provided
appellant submits an additional fifteen copies within thirty days.
Petition for writ of certiorari granted in part and denied in part; request for extension of brief
time moot; motion for duplication denied.
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