No. 18-8344

James Edward Whitney v. Arkansas

Lower Court: Arkansas
Docketed: 2019-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appeal-procedure appeal-process-issues civil-procedure clerk-error clerk-of-court clerk-of-court-duties court-filing due-process institutional-filing notice-of-appeal record record-filing record-lodging standing timeliness
Latest Conference: 2019-04-12
Question Presented (from Petition)

The Clerk of the court has improperly declined to lodge the record on my appeal from the order of the Circuit Court for Washington County Arkansas, case # 72cr- 172275. Dated 08 Dec 2017 and filed for Record on 21 Dec. 2017,

That the Clerk of the Court has incorrectly read the file mark date on the order from the Circuit Court for Washington County, Arkansas.

That the Clerk of the Court improperly noted the file Date of my notice and designation of the record with a certification of Institutional filing Dated 18 Jan 2018 and copy of the envelope it was received in

That the Clerk of the Court is incorrect to state that my notice of appeal was not filed timely. And should not have declined to lodge the record for same.

Question Presented (AI Summary)

Whether the clerk of the court improperly declined to lodge the record on the petitioner's appeal from the order of the Circuit Court for Washington County, Arkansas, case # 72cr-17-2275

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-19
Waiver of right of respondent State of Arkansas to respond filed.
2019-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2019)

Attorneys

James Edward Whitney
James Edward Whitney — Petitioner
State of Arkansas
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent