Betts v. State (Per Curiam)
Annotate this CasePetitioner, an inmate at a prison facility in Lee County, filed a pro se petition for writ of habeas corpus, which the circuit court denied. Petitioner did not timely appeal from the order and subsequently sought leave to proceed with a belated appeal. As his ground to permit a belated appeal, Petitioner argued that his notice of appeal, which was filed one day late, should be considered timely filed because the Labor Day holiday should not be counted when calculating the thirty-day period to file the notice of appeal. The Supreme Court denied the motion for belated appeal, holding that Petitioner’s motion was without merit where Ark. R. Civ. P. 6 does not require that a legal holiday that occurred during the thirty-day period be excluded in the calculation of the thirty days to file the notice of appeal.
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