Supreme Court of Arkansas

Curtis Ray Howard, Petitioner v. Harlin A. Webber And/or Richard Adkisson, Former Judges, and Leslie Rutledge…

March 9, 20172017 Ark. LEXIS 70

Summary

The court denied Howard’s motion for a belated appeal from the denial of his habeas petition because his notice of appeal was filed after the applicable thirty-day deadline and he failed to show good cause for the delay. The court held that the federal prison-mailbox rule did not itself make the notice timely under Arkansas procedure, particularly where the record contradicted Howard’s mailing allegations. No separate opinions were filed.