ARKANSAS SUPREME COURT
No. CR 07-1288
STATE OF ARKANSAS
February 14, 2008
PRO SE MOTION FOR BELATED
APPEAL [CIRCUIT COURT OF
PULASKI COUNTY, CR 2005-3135,
HON. JOHN W. LANGSTON,
A jury found petitioner Waimonushun Smith guilty of second degree murder and sentenced
him to 480 months’ imprisonment in the Arkansas Department of Correction. The Arkansas Court
of Appeals affirmed the judgment. Smith v. State, CACR 06700 (Ark. App. Feb. 7, 2007).
Appellant timely filed in the trial court a petition for postconviction reliefunderArk. R. Crim. P. 37.1,
which was denied by an order entered August 29, 2007. Petitioner filed in the trial court a notice of
appeal as to that order on October 10, 2007. When the record was tendered to this court, our clerk
correctly declined to file it because the notice of appeal was not timely filed with the circuit clerk.
Petitioner then filed the pro se motion for belated appeal that is before us.
A petitioner has the right to appeal a ruling on a petition for postconviction relief. See Scott
v. State, 281 Ark. 436, 664 S.W.2d 475 (1984) (per curiam). However, along with that right goes
the responsibility to timely file a notice of appeal within thirty days of the date the order was entered
in accordance with Ark. R. App. P.–Civ. 4(a). If a petitioner fails to timely file a notice of appeal,
he may move this court to file a belated appeal in accordance with Ark. R. App. P.Crim. 2(e).
InMcDonald v. State, 356Ark. 106, 146 S.W.3d 883 (2004), this court clarified its treatment
of motions for rule on the clerk and motions for belated appeal. We said that there are only two
possible reasons for an appeal not to be timely, either the party or attorney filing the appeal is at fault
or there is good reason. Id. at 116, 146 S.W.3d 891. If the party believes there is good reason the
appeal was not perfected, the case for good reason can be made in