Hall v. State , 2016 Ark. 6 ( 2016 )

Cite as 2016 Ark. 6
SUPREME COURT OF ARKANSAS.
No. CR-15-875
ANDROUS HALL Opinion Delivered January 7, 2016
PETITIONER
PRO SE MOTION FOR BELATED APPEAL
V. OF DEEMED-DENIED ORDER
[PHILLIPS COUNTY CIRCUIT COURT,
STATE OF ARKANSAS NO. 54CR-96-271]
RESPONDENT
HONORABLE L.T. SIMES II, JUDGE
MOTION DISMISSED.
PER CURIAM
In 1997, a Phillips County jury found petitioner Androus Hall guilty of aggravated
robbery, first-degree battery, and attempted rape. The judgment reflects that an aggregate
sentence of 576 months’ imprisonment in the Arkansas Department of Correction was
imposed. On November 10, 2014, Hall filed in the trial court a petition for writ of habeas
corpus under Act 1780 of 2001 Acts of Arkansas, as amended by Act 2250 of 2005 and
codified at Arkansas Code Annotated sections 16-112-201 to -208 (Repl. 2006). On October
27, 2015, Hall filed a pro se motion in this court in which he asserts that the Act 1780 petition
was deemed denied and seeks to proceed with a belated appeal of the order denying the
petition.
This court has held that the deemed-denied provision of our appellate rules does not
apply in habeas proceedings. Hooper v. Hobbs, 2013 Ark. 31 (per curiam). Although Act 1780
sets a number of other deadlines, there is nothing in the Act concerning a required time in
which the court must provide its order on a petition.
Cite as 2016 Ark. 6
Hall’s argument appears to be based on an allegation that he tendered a timely notice
of appeal that was not accepted for filing. He seems to contend that, because he tendered the
notice of appeal within the required time frame for a deemed-denied order, the order should
therefore be construed to have been deemed denied.
The same considerations that apply to other postconviction proceedings, as were noted
in this court’s opinion in Hooper, apply to the present case. Hall’s Act 1780 petition was not
deemed denied, and the matter remains one for resolution in the circuit court. The motion to
proceed with a belated appeal is therefore dismissed.
Motion dismissed.
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