Betts v. State
2014 Ark. 72
Ark.2014Background
- Albert Betts, a pro se inmate incarcerated in Lee County, filed a petition for writ of habeas corpus in Lee County Circuit Court in 2013.
- The circuit court denied his habeas petition on August 27, 2013.
- Betts failed to file a notice of appeal within the 30-day period required by Ark. R. App. P.–Civ 4(a).
- His notice was file-marked by the circuit clerk on September 27, 2013, one day after the deadline.
- Betts moved for leave to proceed with a belated appeal, arguing the Labor Day holiday during the appeal window should be excluded from the 30-day computation.
- He also requested appointment of counsel; the circuit court’s denial of the petition is the only order at issue on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a belated appeal should be allowed for Betts's untimely notice | Betts: Labor Day fell within the 30-day period so the holiday should be excluded, making his Sept. 27 filing timely | State: Rule 6 and Ark. R. App. P.–Civ 4(a) require inclusion of each calendar day; holiday does not extend the deadline here | Denied — Betts failed to show good cause; Sept. 26 was the last timely day |
| Whether a pro se litigant receives leniency on procedural deadlines | Betts: (implied) pro se status should excuse strict compliance | State: Pro se litigants must conform to procedural rules or show good cause | Held — No special consideration; pro se status does not excuse procedural noncompliance |
| Whether the motion for appointment of counsel should be granted | Betts sought appointed counsel for the proposed appeal | State: (implicit) moot if appeal not allowed | Held — Moot, because belated appeal was denied |
| Proper computation of appellate time when a legal holiday occurs during the period | Betts: holiday should be excluded per his reading of rules | State: Ark. R. Civ. P. 6 and Ark. R. App. P.–Civ 4(a) make Sept. 26 the deadline; holiday does not alter 30-day computation here | Held — Computation begins day after order; include calendar days; last day Sept. 26; holiday does not extend filing date |
Key Cases Cited
- Scott v. State, 281 Ark. 436, 664 S.W.2d 475 (Ark. 1984) (right to appeal rulings on postconviction relief)
- Garner v. State, 293 Ark. 309, 737 S.W.2d 637 (Ark. 1987) (belated appeal requires showing of good cause)
- Peterson v. State, 289 Ark. 452, 711 S.W.2d 830 (Ark. 1986) (pro se litigants must follow procedural rules)
- Walker v. State, 283 Ark. 339, 676 S.W.2d 460 (Ark. 1984) (no special appellate consideration for pro se appellant)
- Thompson v. State, 280 Ark. 163, 655 S.W.2d 424 (Ark. 1983) (procedural rule adherence required)
- Whitmer v. Sullivent, 373 Ark. 327, 284 S.W.3d 6 (Ark. 2008) (construction of appellate time-computation rules)