David Case v. State of Arkansas, Roy Agee, Arkansas Department of Correction Keeper of the Records, Larry Norris, Director, Arkansas Department of Correction
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ARKANSAS SUPREME COURT
No.
CR 08-409
Opinion Delivered
KENNETH RAY KINDALL
Petitioner
v.
STATE OF ARKANSAS
Respondent
May 15, 2008
PRO SE MOTION FOR RULE ON
CLERK OR FOR BELATED APPEAL
OR PETITION FOR WRIT OF
CERTIORARI [CIRCUIT COURT OF
JEFFERSON COUNTY, CR 86-407,
HON. BERLIN C. JONES, JUDGE]
MOTION DISMISSED.
PER CURIAM
Petitioner Kenneth Ray Kindall tendered to this court a pro se motion for rule on clerk or
belated appeal, or petition for writ of certiorari in order to proceed in this court with a belated
appeal. Petitioner seeks to reverse the decision of the trial court that denied his motion to correct
an illegal sentence. He did not tender with the motion the certified partial record necessary to file
such a pleading in this court, and he now asks that our clerk be directed to file the motion without
the certified partial record.
In the motion before us, petitioner contends that he should be permitted to proceed with
seeking a belated appeal without a certified record because: (1) the clerk of the circuit court below
was unable to locate all pertinent documents for certification; (2) he provided file-marked, but not
certified, copies of the necessary documents; (3) he believes that his case has merit.
Arkansas Rule of Appellate Procedure–Civil 7(a) provides that the clerk of the circuit court
shall certify that a record tendered to this court is a true and correct copy of the record. Rule 7(b)
also provides that it is the responsibility of the appellant to transmit the certified record to this court.
Petitioner here tendered a motion without this certified record and asks that this court simply assume
jurisdiction of the matter without the required record. Without a certified record, however, we are
left to rely on petitioner’s statements and copies of documents that may or may not be true and
accurate copies of the material filed in the circuit court as a foundation for assuming jurisdiction.
This court does not proceed without a certified record where one is clearly required, and petitioner
has not demonstrated that there is any good cause to make an exception in his case.
Motion dismissed.
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