In re Arkansas Supreme Court Committee on Criminal Practice—Arkansas Rule of Appellate Procedure–Crim. 2 and Arkansas Rule of Criminal Procedure 37.2

Summary

The Arkansas Supreme Court adopted amendments to Arkansas Rule of Appellate Procedure–Criminal 2 and Arkansas Rule of Criminal Procedure 37.2. The amendments establish a limited inmate mailbox rule deeming qualifying pro se notices of appeal and Rule 37 petitions filed on the date they are deposited in a correctional facility's legal mail system, effective September 1, 2015.

Holdings

1. Arkansas Rule of Appellate Procedure–Crim. 2(b) is amended to provide that a qualifying pro se notice of appeal deposited by an incarcerated person in a qualifying facility's legal mail system is deemed filed on the date of deposit, even if it would otherwise be untimely.
2. Arkansas Rule of Criminal Procedure 37.2(g) is amended to provide that a qualifying pro se Rule 37 petition filed by an incarcerated person is deemed filed on the date of deposit in the facility's legal mail system.

Questions Presented

1. Whether Arkansas Rule of Appellate Procedure–Crim. 2 should be amended to provide a limited inmate mailbox rule for qualifying pro se notices of appeal.
2. Whether Arkansas Rule of Criminal Procedure 37.2 should be amended to provide a limited inmate mailbox rule for qualifying pro se Rule 37 petitions.
3. What conditions must be satisfied for an incarcerated person's notice of appeal or Rule 37 petition to be deemed filed on the date of deposit in the facility's legal mail system.

Disposition

approved