Ronald E. PARKER, Appellant v. STATE of Arkansas, Appellee
No. CR-14-880
Supreme Court of Arkansas.
Opinion Delivered December 18, 2014
2014 Ark. 542
Ronald Parker, pro se appellant.
PER CURIAM
The record was lodged with this court on October 14, 2014. Parker now asks by pro se motion that counsel be appointed to represent him on appeal.
We first note that there is no order in the record that was entered on July 7, 2014. However, Parker may have been intended to appeal from the June 20, 2014 order as the notice of appeal was timely as to that order. Therefore, the date of the order may have been a mere scrivener‘s error on Parker‘s part. See Lenard v. State, 2014 Ark. 248, 2014 WL 2158139 (per curiam).
Even so, we find cause to dismiss the appeal because it is clear from the record that Parker could not prevail on appeal from any of the orders. All three motions that Parker filed in the trial court sought postconviction relief from the judgment entered in 2003. Such motions are considered as requests for postconviction relief pursuant to
In the motions before the trial court, Parker argued that he should be released from prison because he had lost contact with family and friends during incarceration, he has been unable to access the legal documents he needs to challenge the judgment in his case, there were inconsistencies in the evidence against him and the evidence was insufficient to sustain the judgment, and he needs to be at home to assist his aging grandmother. The motions, and also the motion seeking to charge two other persons with criminal offenses, raised a variety of allegations seeking relief from the judgment itself. However, regardless of the label placed on a pleading by the petitioner, a pleading that mounts a collateral attack on a judgment is governed by the provisions of our postconviction rule, Rule 37.1. Green v. State, 2014 Ark. 115, 2014 WL 1096184 (per curiam). Because Parker‘s motions request postconviction relief from the 2003 judgment, the three motions were not timely filed.
Pursuant to Rule 37.2, when a petitioner enters a plea of guilty, any petition for postconviction relief must be filed within ninety days of the date that the judgment was entered of record.
With respect to appellant‘s request that the trial court grant him a pardon, pardons and executive clemency are within the purview of the executive branch of government.
Appeal dismissed; motion moot.
