Opinion
No. 91-342
Opinion delivered February 3, 1992
APPEAL ERROR — MOTION TO FILE HANDWRITTEN BRIEF — FAILURE TO MAKE SHOWING THAT APPEAL HAS SUBSTANTIVE MERIT. — Where appellant appealed the denial of a petition for habeas corpus based on allegations that appellant was charged by information rather than indictment and that he was never afforded a "first appearance" before being bound over to circuit court, his motion to file a handwritten brief was denied because he failed to make a substantial showing of merit since the issues raised were not cognizable by habeas corpus.
Motion to File Handwritten Brief; denied.
Appellant, pro se.
Winston Bryant, Att'y Gen., by: Brad Newman, Asst. Att'y Gen., for appellee.
Appellant seeks permission to file a handwritten brief which we will entertain upon a substantial showing of merit. Patterson v. State, 289 Ark. 564, 712 S.W.2d 922 (1986). This is an appeal from a denial of a petition for habeas corpus based on allegations that appellant was charged by information rather than indictment and that he was never afforded a "first appearance" before being bound over to circuit court. However, these are not matters cognizable by habeas corpus and, accordingly, appellant has failed to make a substantial showing of merit. Motion denied.