(Download) "Goldsmith v. State" by Supreme Court of Arkansas " Book PDF Kindle ePub Free
eBook details
- Title: Goldsmith v. State
- Author : Supreme Court of Arkansas
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
A judgment entered on December 10, 2008, reflects that appellant Michael Goldsmith entered a negotiated plea of guilty to robbery and was sentenced to 480 months incarceration in the Arkansas Department of Correction. Appellant has lodged in this court an appeal of an order by the trial court denying post-conviction relief on a petition under Arkansas Rule of Criminal Procedure 37.1 (2009) filed on December 5, 2008. He brings this motion in which he seeks a copy of the record on appeal and an extension of time in which to file his brief. Because it is clear that appellant cannot prevail, we dismiss the appeal and the motion is moot. This court has consistently held that an appeal of the denial of post-conviction relief will not be permitted to go forward where it is clear that the appellant could not prevail. French v. State, 2009 Ark. 443 (per curiam) (citing Bunch v. State, 370 Ark. 113, 257 S.W.3d 533 (2007) (per curiam)). Appellants Rule 37.1 petition failed to set out claims sufficient to sustain relief, and it is therefore clear that he cannot prevail on appeal.
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