Bean v. State, 2014 Ark. 440

Petitioner Leonard L. Bean was convicted in 2013 by a Sebastian County jury of attempted rape and two counts of second-degree sexual assault, receiving an aggregate 840-month sentence.
The Arkansas Court of Appeals affirmed Bean’s conviction; the mandate issued on April 10, 2014.
Bean filed a pro se postconviction petition under Arkansas Rule of Criminal Procedure 37.1 on June 18, 2014; the circuit court denied it as untimely on June 24, 2014.
Rule 37.2(c)(ii) required petitions under Rule 37.1 to be filed within 60 days of the mandate; Bean did not timely file an appeal of the denial.
Bean sought belated appellate relief, claiming lack of receipt of the mandate undermined the timeliness of his Rule 37.1 petition and appeal.
The supreme court deniedBean’s motion for belated appeal, holding no good cause was shown for delay and thus denying the belated appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether belated appeal is warranted despite untimely notice of appeal	Bean asserts delay due to not receiving the mandate	State asserts no good cause for delay under Rule 2(a) and case law	Belated appeal denied for lack of good cause.

Brewer v. State, 2010 Ark. 59 (2010 Ark. 59) (per curiam; right to appeal postconviction ruling, but must show good cause for delay)
Burgess v. State, 2010 Ark. 34 (2010 Ark. 34) (per curiam; good cause requirement for belated appeal)
Garner v. State, 293 Ark. 309 (1987) (burden on petitioner to show good cause for failure to comply with procedure)
Walker v. State, 283 Ark. 339 (1984) (pro se status not sufficient good cause)
Robbins v. State, 2010 Ark. 312 (2010 Ark. 312) (time not extended by posttrial motion)