Hickman v. Kelley, 2017 Ark. 30

Petitioner Tony A. Hickman, an inmate in the Arkansas Department of Correction, filed a pro se petition for writ of habeas corpus in Lee County Circuit Court on April 25, 2016 seeking release from custody.
The circuit court dismissed the habeas petition on May 2, 2016 for failure to state a basis for issuance of the writ.
Hickman did not file a notice of appeal within the thirty-day period required by Ark. R. App. P.–Civ. 4(a); the deadline expired June 1, 2016.
Hickman filed a pro se motion in the Arkansas Supreme Court on November 10, 2016 requesting permission to proceed with a belated appeal.
Hickman’s sole justification was that his underlying habeas petition had merit; he offered no explanation for failing to file a timely notice of appeal.
The Supreme Court applied its precedents requiring a showing of good cause for late filings and denied the motion because merit alone does not excuse failure to comply with procedural rules.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner should be permitted a belated appeal of the dismissal of his habeas petition	Hickman: underlying habeas petition had merit, so he should be allowed a belated appeal	State/Respondent: petitioner must show good cause for failing to file a timely notice of appeal; merit alone is insufficient	Motion denied; petitioner failed to show good cause and belated appeal not allowed

Sullivan v. Hobbs, 2014 Ark. 88 (recognizing belated appeals may be sought for postconviction/habeas rulings)
Wesley v. Harmon, 2010 Ark. 21 (requiring showing of good cause to permit belated appeal)
McDaniel v. Hobbs, 2013 Ark. 107 (pro se litigants must still comply with procedural rules or show good cause)
Day v. Hobbs, 2014 Ark. 189 (expectation of compliance with appellate rules to ensure expedition)
Burgess v. State, 2010 Ark. 34 (merit of underlying petition does not excuse procedural noncompliance)
Perry v. State, 2010 Ark. 84 (same principle that procedural default requires good cause to overcome)