Hall v. State

Summary

The Arkansas Supreme Court considered Androus Hall’s pro se motion for belated appeal from an order denying his motion to dismiss and vacate a sentence. Because the notice of appeal was timely, the court treated the motion as one for rule on clerk and denied it, finding that Hall failed to establish good cause for the untimely tender of the record.

Holdings

1. When a notice of appeal is timely filed, a motion seeking a belated appeal based on the failure to timely tender the record may be treated as a motion for rule on clerk.
2. The appellate record must be tendered to the Supreme Court within ninety days after the date of the notice of appeal.
3. A petitioner who fails to perfect an appeal in accordance with Arkansas procedural rules bears the burden of establishing good cause for the failure, even when proceeding pro se.
4. A petitioner seeking appellate relief must provide a sufficient record for the court to address the merits of the claims; failure to do so supports denial of relief for procedural default.

Questions Presented

1. Whether a timely motion for belated appeal should be treated as a motion for rule on clerk when the notice of appeal was timely but the record was not tendered within ninety days.
2. Whether Hall established good cause for failing to timely perfect the appeal.
3. Whether Hall provided a sufficient record for the Supreme Court to address the merits of his claims.

Disposition

other