Bannister v. State, 2013 Ark. 412

Pro se Bannister seeks to file a pro se motion for belated appeal without a certified record or an order to obtain one.
The subject is an order entered June 14, 2013 denying a pro se petition for writ of error coram nobis in Bannister’s criminal case.
This court treats the filing as a motion for rule on the clerk to file the belated-appeal motion without the required record.
The court notes a circuit clerk's duty to correct filing issues is ordinarily addressed in the circuit court, not this court.
Without a certified record, the court cannot exercise jurisdiction or rule on the belated-appeal motion.
Arkansas Rule 6-1(a) treats trial-record pleadings and orders as the record for purposes of this review; a certified record is required to proceed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether this Court may act without a certified record to support jurisdiction	Bannister argues for relief despite lacking the record	State contends no jurisdiction without certified record	Denied for lack of certified record.
Whether the circuit clerk’s failure to fileJustification warrants relief in this Court	Clerk’s failure to file impedes remedy; action is needed	Relief must be sought in circuit court; this court cannot bypass record issue	Motion denied; remedy lies in circuit court with certified record.

Meraz v. State, 2010 Ark. 121 (Ark. 2010) (addressing circuit clerk duties in filing and belated-appeal context)
Meraz v. Crow, 2009 Ark. 362 (Ark. 2009) (per curiam on clerk-record issues in belated appeals)
Young v. State, 2009 Ark. 608 (Ark. 2009) (without a certified record jurisdiction cannot be assumed)
Croston v. State, 2012 Ark. 183 (Ark. 2012) (cannot act without certified record to establish jurisdiction)
Williams v. Helena Reg’l Med. Ctr., 2012 Ark. 126 (Ark. 2012) (per curiam; burden to provide certified record to file belated appeal)