Summary
The Arkansas Supreme Court considered a motion for rule on clerk arising from a postconviction proceeding under Arkansas Rule of Criminal Procedure 37.1. The court held that a timely request for a ruling on an omitted issue extended the time for filing the notice of appeal, making the tender of the record timely, and granted the motion to permit the appeal to proceed.
Topics
Practice areas
Questions Presented
- Whether a timely request for a ruling on an issue omitted from an order resolving a Rule 37.1 petition extends the time for filing the notice of appeal.
- Whether Lewis's record was timely tendered when the notice of appeal was deemed filed after the supplemental order resolving the omitted issue.
Holdings
- When an appellant timely requests that the trial court rule on an unresolved issue raised in a Rule 37.1 petition, the time for filing the notice of appeal is extended in a manner similar to the extension allowed after a posttrial motion.
- Lewis's record was timely tendered because his notice of appeal was deemed filed on November 28, 2011, the day after the supplemental order, and the record was tendered seventy-seven days later.
Key quotations
“We hold that, for situations where an appellant has filed a valid, timely request for a ruling on an omitted issue in a Rule 37.1 proceeding, the time for filing a notice of appeal is extended in a manner similar to the extension allowed for filing a notice of appeal after a posttrial motion.” (423 S.W.3d at 18)
“We limit this holding to those situations where the trial court is specifically asked in a timely filed motion or pleading to rule on an unresolved issue raised in a Rule 37.1 petition.” (423 S.W.3d at 18)
Factual background
Lewis's Rule 37.1 petition challenged convictions for possession of marijuana with intent to deliver and possession of cocaine with intent to deliver. The circuit court's October 13, 2011 order resolved the petition except for jail-time credit, and Lewis filed a response requesting a ruling on that omitted issue. The circuit court entered a supplemental order on November 22, 2011. Lewis's record was tendered on February 8, 2012, and the appellate clerk rejected it as filed more than ninety days after the November 8 notice of appeal.
Procedural history
Lewis filed a timely Rule 37.1 petition challenging convictions for possession of marijuana with intent to deliver and possession of cocaine with intent to deliver. The circuit court entered an order resolving all but a jail-time-credit issue, and Lewis timely requested a ruling on that omitted issue. The court later entered a supplemental order, after which the appellate clerk rejected Lewis's record as untimely. The Supreme Court of Arkansas granted the motion for rule on clerk and permitted the appeal to proceed.
Remand instructions
The appellate clerk was directed to file the tendered record and permit the appeal to proceed.