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Porter v. State

Supreme Court of Arkansas
May 6, 2010
2010 Ark. 219 (Ark. 2010)

Opinion

10-284

Opinion Delivered May 6, 2010

Pro Se Motion for Belated Appeal [Circuit Court of Faulkner County, CV 2009-1046, Hon. David L. Reynolds, Judge], Motion Denied.


In 2009, an in rem complaint was filed in the Circuit Court of Faulkner County seeking forfeiture by petitioner Darnell Porter of certain property that had been seized as the proceeds of illegal activity. On October 20, 2009, the court granted the State's motion for default judgment. No appeal was taken by petitioner, and he now seeks leave to proceed with a belated appeal.

Forfeiture matters arising from criminal cases are considered in rem civil actions. State v. One 1993 Toyota Camry, 333 Ark. 503, 969 S.W.2d 663 (1998). Our rules of civil procedure do not provide for a belated appeal in civil cases. See Ark. R. App. P.-Civ. 4 (2009); Douglas v. State, 2009 Ark. 427 (per curiam) (citing Butcher v. State, 345 Ark. 222, 45 S.W.3d 378 (2001) (per curiam)). Accordingly, petitioner is not entitled to pursue a belated appeal from the order entered in this civil forfeiture matter.

Motion denied.


Summaries of

Porter v. State

Supreme Court of Arkansas
May 6, 2010
2010 Ark. 219 (Ark. 2010)
Case details for

Porter v. State

Case Details

Full title:Darnell PORTER, $366.00 in United States Currency, LG Cell Phone SN…

Court:Supreme Court of Arkansas

Date published: May 6, 2010

Citations

2010 Ark. 219 (Ark. 2010)

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No comparable rule exists to perfect an appeal in civil cases. Porter v. State, 2010 Ark. 219 (per curiam);…