Lewis v. State, 2012 Ark. 255

Lewis filed a pro se Rule 37.1 petition challenging marijuana and cocaine with intent to deliver convictions.
Trial court Oct 13, 2011 order resolved all issues except jail-time credit.
On Oct 28, 2011 he provided information and sought ruling on the omitted issue.
Nov 8, 2011 he filed a notice of appeal as to the Oct 13 order; Nov 22, 2011 supplemental order ruled on jail-time credit.
Clerk rejected the record tender on Feb 8, 2012 for not meeting 90-day deadline; record tender later deemed timely.
Court held that the record tender was timely and extended the appeal to permit a single appeal of both orders.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of record tender and extension for omitted issue	Lewis argued tender was timely due to final order date.	State argued no timely tender and no extension.	Timely tender; motion granted to proceed with appeal.
Extension of time to file notice when an omitted Rule 37.1 issue is pending	Extension applies when a timely request for ruling on omitted issue is made.	Rule 2(b) extension not clearly applicable?	Time extended; single appeal allowed for both orders.

Hogue v. State, 2012 Ark. 171 (Ark. 2012) (rules on clerk’s record tender in Rule 37.1 context)
Brewer v. State, 2010 Ark. 59 (Ark. 2010) (right to appeal postconviction rulings; procedural compliance required)
Watkins v. State, 2010 Ark. 156 (Ark. 2010) (extension for omitted issue requests in Rule 37.1 proceedings)
Robbins v. State, 2010 Ark. 312 (Ark. 2010) (noting limits of post-trial motions and Rule 37.5 context)
Rackley v. State, 2010 Ark. 469 (Ark. 2010) (post-trial motion on omitted issues; Rule 2(b) implications)
McJames v. State, 2010 Ark. 74 (Ark. 2010) (motion to reconsider and timing considerations in appeals)