Day v. Hobbs
2014 Ark. 189
| Ark. | 2014Background
- Petitioner Richard D. Day, Jr. is incarcerated and filed a pro se habeas petition in Lee County Circuit Court.
- The circuit court denied the habeas petition.
- Day timely appealed on July 2, 2013, but failed to tender the record within 90 days as required by ARCrim. 4(b).
- The record was tendered on November 8, 2013, 129 days after the notice of appeal.
- Day moved to lodge the record belatedly and proceed with the appeal, asserting lack of procedural knowledge and prison mail issues as good cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether late tender of the appellate record can be excused for good cause. | Day argues good cause exists due to unfamiliarity with procedure. | Hobbs argues lack of good cause; appellant bears burden to comply with rules. | No good cause; record not timely tendered; appeal denied. |
| Whether prison mail-room issues justify late record submission. | Mail-room issues prevented submission of necessary papers. | Issues with mail do not excuse late tender of record. | Not a valid basis for delay; denial stands. |
Key Cases Cited
- Burgess v. State, 2010 Ark. 34 (Ark. 2010) (right to appeal postconviction relief with procedural compliance)
- Hogue v. State, 2012 Ark. 171 (Ark. 2012) (per curiam; need to comply with rules governs appeals)
- Brewer v. State, 2010 Ark. 59 (Ark. 2010) (per curiam; burden on appellant to perfect appeal)
- Nelson v. State, 2013 Ark. 316 (Ark. 2013) (pro se status does not excuse procedural noncompliance)
- Sillivan v. Hobbs, 2014 Ark. 88 (Ark. 2014) (consistent expectations for compliance in postconviction appeals)
- McDaniel v. Hobbs, 2013 Ark. 107 (Ark. 2013) (appeals by incarcerated persons require timely perfection)