Ewells v. State
Annotate this Case
Download PDF
Cite as 2009 Ark. 498
SUPREME COURT OF ARKANSAS
No.
09-614
Opinion Delivered
DAMONT EWELLS
Appellant
October 8, 2009
PRO SE MOTION TO FILE BELATED
BRIEF [CIRCUIT COURT OF
SEBASTIAN COUNTY, FORT SMITH
DISTRICT, CV 2006-1122]
v.
STATE OF ARKANSAS
Appellee
MOTION GRANTED.
PER CURIAM
In 2006, the State of Arkansas filed an in rem action for forfeiture of certain property that
included a sum of money and a vehicle seized from appellant Damont Ewells upon his arrest on drug
and other charges. In 2007, the State filed a motion to dismiss for lack of evidence, and the court
granted the motion. On September 15, 2008, the State filed a motion for forfeiture of the property as
unclaimed property under Arkansas Code Annotated § 18-28-202(a)(10) (Repl. 2003) that the circuit
court granted in an order entered the following day. Appellant filed a motion for return of the seized
property on February 24, 2009, that was denied. Appellant lodged an appeal of that order in this court
and has now filed a motion in which he seeks to file his brief belatedly.
Appellant’s brief was due on July 15, 2009, and he tendered his brief on July 16, 2009. Appellant
filed the pending motion on July 30, 2009. In his motion, appellant asserts that he was delayed in filing
his brief due to circumstances concerning his imprisonment. Because the brief was tendered within a
day of the date due and appellant acted promptly in filing his motion, we grant the motion to file a
belated brief. Our clerk is directed to file appellant’s brief as of the date of this opinion.
Cite as 2009 Ark. 498
Motion granted.
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
