Michael Van Vliet v. State of Arkansas
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ARKANSAS SUPREME COURT
No.
CR 08-540
Opinion Delivered
MICHAEL VAN VLIET
Petitioner
v.
STATE OF ARKANSAS
Respondent
December 4, 2008
PRO SE MOTION FOR EN BANC
RECONSIDERATION OF DENIAL OF
MOTION FOR LEAVE TO PROCEED
IN FORMA PAUPERIS ON APPEAL
[CIRCUIT COURT OF BENTON
COUNTY, CR 2007-41, HON. DAVID S.
CLINGER, JUDGE]
MOTION FOR RECONSIDERATION
DENIED.
PER CURIAM
Now before us is petitioner’s pro se motion for en banc reconsideration of the dismissal of
the motion for leave to proceed in forma pauperis on appeal that we handed down on June 19, 2008,
in Van Vliet v. State, CR 08-540 (Ark. June 19, 2008) (per curiam). In that decision, we concluded
that petitioner could not be successful on appeal and thus did not consider his pauper request.
We first note that the entire court considered the motion for leave to proceed in forma
papuperis. The instant motion for reconsideration is likewise being considered by the entire court.
Petitioner is seeking a direct appeal from a plea of guilty in a criminal matter. In the motion
for reconsideration, petitioner reiterates that Arkansas Rule of Civil Procedure 24.6 would provide
jurisdiction to this court over the matter on appeal. However, his plea does not encompass a
recognized exception to allow a direct appeal from a guilty plea. See Seibs v. State, 357 Ark. 331,
166 S.W.3d 16 (2004); Bradford v. State, 351 Ark. 394, 94 S.W.3d 904 (2003). This court would
therefore have no jurisdiction to consider the appeal. Smothers v. State, 359 Ark. 412, 198 S.W.3d
119 (2004). Petitioner has failed to meet his burden of demonstrating that there was some error of
fact or law in the decision that would merit reconsideration of the denial of the motion to proceed
in forma pauperis.
Motion for reconsideration denied.
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