Richard Alan Davis v. State of Arkansas
Annotate this Case
Download PDF
ARKANSAS SUPREME COURT
No. 07-794
Opinion Delivered
RICHARD ALAN DAVIS
Appellant
v.
STATE OF ARKANSAS
Appellee
February 14, 2008
PRO SE MOTION FOR
RECONSIDERATION OF DISMISSAL
OF APPEAL [CIRCUIT COURT OF
LEE COUNTY, CV 2007-41, HON.
HARVEY L. YATES, JUDGE]
MOTION DENIED.
PER CURIAM
Appellant Richard Alan Davis filed a petition for writ of habeas corpus in Lee County Circuit
Court. The circuit court denied the petition and appellant lodged an appeal of the order in this court.
The State filed a motion to dismiss and we granted the motion on the basis that appellant did not
timely file in this court a compliant brief and had not sought to file a belated brief. Davis v. State, 07
794 (Ark. Dec. 6, 2007) (per curiam). Appellant now brings this motion seeking reconsideration of
our decision to dismiss the appeal.
Appellant argues in his motion that the due date for his brief should have been extended by
three days from the date provided in the letter sent to him from one of our staff attorneys. He bases
his argument upon the language in Ark. R. Civ. P. 6(d). However, Rule 6 is not applicable in
circumstances where an appellant pursues postconviction relief in this court.
This court has recognized that postconviction relief proceedings are civil in nature and applied
the Rules of Appellate Procedure–Civil when necessary. Sanders v. State, 352 Ark. 16, 98 S.W.3d
35 (2003). However, we have never applied the Rules of Civil Procedure to postconviction relief
proceedings. Id. Nor will we apply those rules to a postconviction habeas proceeding. See Baker
v. Norris, 359 Ark. 405, ___ S.W.3d ___ (2007). In this case, our staff correctly set the applicable
deadline under Ark. Sup. Ct. R. 47(c)(4). Appellant was not entitled to an extension under Rule 6.
Motion denied.
2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.