ARKANSAS SUPREME COURT
No. CR 07912
BRUCE EDWARD LEAKS
STATE OF ARKANSAS
November 29, 2007
PRO SE MOTION FOR COPY OF
RECORD AT PUBLIC EXPENSE AND
FOR EXTENSION OF TIME TO FILE
APPELLANT’S BRIEF [CIRCUIT
COURT OF MILLER COUNTY, CR 97
95, HON. JOE GRIFFIN, JUDGE]
APPEAL DISMISSED; MOTION
In 1997, appellant Bruce Edward Leaks was convicted by a jury of firstdegree murder and
sentenced as a habitual offender to 480 months’ imprisonment. This court reversed the judgment of
conviction fromhis first trial. Leaks v. State, 339 Ark. 348, 5 S.W.3d 448 (1999). On retrial, he was
again convicted of firstdegree murder and a sentence of 540 months was imposed. We affirmed.
Leaks v. State, 345 Ark. 182, 45 S.W.3d 363 (2001).
In 2007, appellant filed in the trial court a pro se “second, or successive petition – to, vacate
and/or setside judgment” pursuant to Act 1780 of 2001 as amended by Act 2250 of 2005 and
codified as Ark. Code Ann. §§16112201–16112208 (Repl. 2006). The trial court denied the
petition without a hearing, and appellant has lodged an appeal here from the order.
Now before us is appellant’s pro se motion for a copy of the record at public expense and for
extension of time to file his briefinchief. We need not consider the motion as it is apparent that
appellant could not prevail in this appeal if it were permitted to go forward. Accordingly, we dismiss
the appeal and hold the motion moot. An appeal from an order that denied a petition for
postconviction relief will not be permitted to go forward where it is clear that the appellant could not
prevail. Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999) (per curiam); Seaton v. State, 324
Ark. 236, 920 S.W.2d 13 (1996) (per curiam).
Appellant was convicted of murdering William Earl Littlejohn during a heated argument.
Evidence adduced at trial showed that he went to his brother’s apartment, where the victim had been
staying, to co