The final day to file a timely notice of appeal from the August 3, 2005, order was
September 2, 2005.
ARKANSAS SUPREME COURT
No. CR 06-1178
NOT DESIGNATED FOR PUBLICATION
CLAYBURN C. MITCHELL, JR.
STATE OF ARKANSAS
Opinion Delivered December 7, 2006
PRO SE MOTION FOR BELATED
APPEAL OF ORDER [CIRCUIT
COURT OF PULASKI COUNTY, CR
86-2754, HON. WILLARD PROCTOR,
In 1988, petitioner Clayburn C. Mitchell, Jr., was found guilty of kidnapping, rape, theft of
property, and aggravated robbery. An aggregate term of life imprisonment was imposed. We
affirmed. Mitchell v. State, CR 89-47 (Ark. October 9, 1989) (per curiam).
In 2005, petitioner filed in the trial court a pro se petition for writ of habeas corpus pursuant
to Act 1780 of the 2001 Acts of Arkansas, codified as Ark. Code Ann. §§ 16-112-201–16-112-207
(Repl. 2006), which was denied by order entered August 3, 2005. On July 27, 2006, nearly one year
later, petitioner filed a notice of appeal. When the record on appeal was tendered here, our clerk
correctly declined to lodge it because the notice of appeal was not timely filed within thirty days of
the date the order was entered as required by Ark. R. App. P.--Civ. 4(a).
Petitioner now seeks leave to proceed in this court with an appeal of the order. A petitioner
has the right to appeal a ruling on a petition for postconviction relief, which includes the dismissal
of a petition for writ of habeas corpus. See Scott v. State, 281 Ark. 436, 664 S.W.2d 475 (1984) (per
curiam). With that right goes the responsibility to file a timely notice of appeal within thirty days
of the date the order was entered. If a petitioner fails to file a timely notice of appeal, a belated
appeal will not be allowed absent a showing by the petitioner of good cause for the failure to comply
with proper procedure. Garner v. State, 293 Ark. 309, 737 S.W.2d 637 (1987) (per curiam).
Petitioner here asserts that he did not receive a copy of the orde