Hall v. Griffin
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Cite as 2009 Ark. 494
SUPREME COURT OF ARKANSAS
No.
CR 09-713
Opinion Delivered
October 8, 2009
PRO SE MOTION FOR RULE ON
CLERK [CIRCUIT COURT OF MILLER
COUNTY, CR 2004-164, CR 2004-567]
TOMMY D. HALL
Petitioner
v.
MOTION DENIED.
HON. JOE GRIFFIN, CIRCUIT JUDGE
Respondent
PER CURIAM
On June 29, 2009, petitioner Tommy D. Hall filed the instant pro se motion for rule on clerk
in this court. Therein, he seeks leave to file a pro se petition for writ of mandamus here without a
certified record.
The subject of the tendered mandamus action appears to be a pro se motion for production of
documents pertaining to Miller County Circuit Court cases CR 2004-164 and CR 2004-567. Petitioner
filed the motion in the trial court on December 29, 2008.
Petitioner tendered the mandamus petition to this court on April 9, 2009. In the mandamus
petition, he averred that the documentary evidence sought in the motion for production of documents
had not been provided to him, and he asked this court to ensure delivery of the requested documents
for his “judicial proceedings.”
Our clerk declined to file the petition for writ of mandamus as petitioner failed to submit the
certified record of the lower court proceeding necessary for this court to assume jurisdiction over the
mandamus action. Thereafter, petitioner filed the instant motion for rule on clerk in which he seeks
Cite as 2009 Ark. 494
permission to proceed with the petition for writ of mandamus without providing a certified record. As
the basis for the motion for rule on clerk, petitioner maintains that the trial court refused to allow him
to proceed in forma pauperis, and thus he could not obtain the necessary certified copies at public
expense.
Rule 6-1(a) of this court provides that in cases in which the jurisdiction of this court is in fact
appellate, although in form original, such as petitions for writs of prohibition, certiorari, or mandamus,
the pleadings with certified exhibits from the trial court are treated as the record. Ark. Sup. Ct. R. 6-1(a);
Dillard v. Keith, 336 Ark. 521, 521, 986 S.W.2d 100, 101 (1999) (per curiam). The certified record forms
the basis for this court to determine whether we can assume jurisdiction over a particular matter.
Dillard, 336 Ark. at 521, 986 S.W.2d at 101. Without a certified record, however, this court has no
authority to act. Id. at 521-22, 986 S.W.2d at 101. 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 denied.
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