Martin v. State
2014 Ark. 187
Ark.2014Background
- In 1996 Michael Martin pleaded guilty to unlawful discharge of a firearm from a vehicle and was sentenced to 240 months’ imprisonment.
- In 2013 Martin filed a petition to correct his sentence under Ark. Code Ann. § 16-90-111; the trial court denied the petition.
- Martin filed a timely notice of appeal on October 29, 2013 but failed to tender the record to the Arkansas Supreme Court within the 90-day period required by Ark. R. App. P.–Crim. 4(b).
- On March 18, 2014 Martin moved to lodge the record belatedly, blaming the circuit clerk and the Arkansas Department of Correction for lack of access to the prison legal resources.
- The Supreme Court held that the petitioner bears the burden to show good cause for failing to perfect an appeal, and Martin failed to establish such good cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Martin showed good cause to lodge the record late | Circuit clerk’s failure and DOC’s denial of access prevented timely tendering | Appellant is responsible for perfecting the appeal; procedural default | Denied — Martin did not show good cause and is responsible for perfecting the appeal |
Key Cases Cited
- Nelson v. State, 2013 Ark. 316 (per curiam) (pro se appellant must show good cause for procedural noncompliance)
- Sillivan v. Hobbs, 2014 Ark. 88 (per curiam) (expectation of compliance with appellate rules by incarcerated appellants)
- Betts v. State, 2014 Ark. 72 (per curiam) (same principle regarding burden to show good cause)
- Davis v. State, 2012 Ark. 340 (per curiam) (appellant must establish good cause for failure to comply)
- Walker v. State, 283 Ark. 339 (1984) (appellant’s burden to perfect appeal and show good cause)
- Meadows v. State, 2012 Ark. 374 (per curiam) (not clerk’s responsibility to perfect appeal)
- Perry v. State, 2010 Ark. 84 (per curiam) (same: appellant’s responsibility)
- Neely v. State, 2012 Ark. 423 (per curiam) (shifting blame to clerk does not establish good cause)
- McDaniel v. Hobbs, 2013 Ark. 107 (per curiam) (court takes judicial notice that incarcerated appellants can and do perfect appeals)
- Smith v. State, 2011 Ark. 367 (per curiam) (expectation of compliance with appellate rules)