MacKool v. State

2012 Ark. 287, 423 S.W.3d 28, 2012 Ark. LEXIS 299
CourtSupreme Court of Arkansas
DecidedJune 21, 2012
DocketNo. 11-524
StatusPublished
Cited by14 cases

This text of 2012 Ark. 287 (MacKool v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacKool v. State, 2012 Ark. 287, 423 S.W.3d 28, 2012 Ark. LEXIS 299 (Ark. 2012).

Opinion

PER CURIAM.

| TAppeIIant Michael R. MacKool was convicted of first-degree murder and theft of property, for which a cumulative sentence of sixty years’ imprisonment in the Arkansas Department of Correction (“ADC”) was imposed. We affirmed. MacKool v. State, 365 Ark. 416, 231 S.W.3d 676 (2006). In September 2010, appellant’s mother deposited $1000 in appellant’s inmate account,1 bringing the balance of that account to over $5000. In October 2010, the State filed a petition pursuant to the State Prison Inmate Care and Custody Reimbursement Act (“Inmate Reimbursement Act”), codified at Arkansas Code Annotated sections 12-29-501 to-507 (Repl.2009), seeking reimbursement from appellant’s inmate account of a portion of the cost of housing appellant in the ADC. Appellant was provided notice and a show-cause hearing was held, as required by the statute. See Ark.Code Ann. § 12-29 — 504(b)(1).

Following this hearing, the circuit court determined that the State was entitled to the |2$5016.61 in appellant’s inmate account, and a written order was entered that ordered deposit of that money into the state treasury. See Ark.Code Ann. § 12-29-507(a)(l). Appellant timely filed an appeal from that order and filed his brief-in-chief, and the State filed its response. Appellant’s reply brief was due in this court on or before April 17, 2012, but it was not tendered until April 23, 2012. Now before us is appellant’s motion to file his reply brief belatedly. Because it is clear that appellant’s tendered reply brief does not comply with our rules, the motion to file the brief belatedly is denied. The circuit court’s order that granted the State’s motion for reimbursement is affirmed.

Briefs filed by incarcerated, pro se appellants in civil appeals are governed in part by Rule 4-7 of the Rules of the Supreme Court of Arkansas (2011). Rule 4-7 contains a number of requirements for reply briefs in such situations, including a limitation that the argument section of the brief not be longer than fifteen pages unless the appellant first requests permission to file an overlength brief. Ark. Sup.Ct. R. 4-7(b)(2). The rule also requires that a brief, whether typed or hand-written, must have left- and right-hand margins of at least one-and-one-half inches and top and bottom margins of at least two inches, must be “firmly bound on the left hand margin,” and must have tape covering any staples that are used for binding. Ark. Sup.Ct. R. 4 — 7(b)(1). Appellant’s tendered reply brief fails to meet any of these requirements: the argument section of the reply brief spans nearly nineteen pages,2 nearly every page in the brief fails to have the proper right-hand or bottom margin, and the brief is secured with a single, uncovered staple injjthe upper-left corner. Because appellant failed to follow our rules as to the form of his reply brief, his motion to file the reply brief belatedly is denied.

We turn then to the merits of the instant appeal. On appeal from a bench trial, we review a circuit court’s factual findings under the cleariy-erroneous standard. See Poff v. Peedin, 2010 Ark. 136, 366 S.W.3d 347. A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. Betts v. Betts, 326 Ark. 544, 932 S.W.2d 336 (1996). Issues of statutory interpretation are reviewed de novo. See McLane S., Inc. v. Ark. Tobacco Control Bd., 2010 Ark. 498, 375 S.W.3d 628.

On appeal, appellant first argues that the circuit court deprived him of his due-process and equal-protection rights when it ordered appellant’s funds to be deposited into the Pulaski County Circuit Court’s registry on October 18, 2010, but did not provide notice to appellant until November 4, 2010, of the State’s intention to pursue reimbursement. This argument was not presented to the circuit court, however, and we will not consider arguments that are raised for the first time on appeal. See Schultz v. Butterball, 2012 Ark. 163, 402 S.W.3d 61 (citing Paulino v. QHG of Springdale, Inc., 2012 Ark. 55, 386 S.W.3d 462).

Appellant next argues that the funds at issue were a gift to appellant from his mother, and that such gifts are not part of the inmate’s “estate” as that word is used in the Inmate Reimbursement Act. See Ark.Code Ann. § 12-29-502(4). In support of this argument, he cites Arkansas Code Annotated section 28-69-301 (Repl.2004), which defines “estate” as it is used in the context of fiduciary relationships. The State correctly notes in its response, however, that |4the statute cited by appellant has no bearing on the Inmate Reimbursement Act; it is the definition of “estate” contained in the Inmate Reimbursement Act that controls, and that definition is “any tangible or intangible properties, real or personal, belonging to or due an inmate confined to an institution of the department, including income or payments to the inmate from social security, previously earned salary or wages, bonuses, annuities, pensions, or retirement benefits, or any source whatsoever.” Ark.Code Ann. § 12-29-502(4). Based on this definition, we have held that the plain language of the statute reflects that any money received by an inmate is part of his “estate” for purposes of this statute. See Burns v. State, 303 Ark. 64, 793 S.W.2d 779 (1990). Thus, any money that appellant received as a gift from his mother is clearly within the statute’s definition of “estate,” and appellant’s argument on this point is without merit.

Appellant’s third argument on appeal is that the Attorney General’s Office was required to conduct an investigation into the source of appellant’s money before initiating proceedings under the Inmate Reimbursement Act. He bases this argument on Arkansas Code Annotated section 12-29-503(b), which states, “The Attorney General shall investigate or cause to be investigated all such reports furnished by the [ADC] for the purpose of securing reimbursement for the expenses of the State of Arkansas for the cost of care of the prisoners.” Even assuming arguendo that the State failed to meet this requirement, appellant does not explain why that failure would invalidate the result of the proceedings in the circuit court in light of the fact that appellant had notice and a chance to be heard on this issue. See Schultz, 2012 Ark. 163, 402 S.W.3d 61 (holding that a statute that allowed for the withholding of income was not violative |sof due-process concerns where it allowed a person a chance to be heard and contest a withholding). Where it is not apparent without further research that the argument is well-taken, we have made it clear that we will not address those arguments that are presented without citation to authority or convincing argument. Pinder v. State, 2012 Ark. 45, 2012 WL 310959 (per curiam); see also Bethany v. Jones, 2011 Ark. 67, 378 S.W.3d 731.

For his fourth argument on appeal, appellant contends that the State’s seeking reimbursement from appellant while not also seeking it from other inmates violated appellant’s right to equal protection as guaranteed by the Fourteenth Amendment to the United States Constitution. Appellant contends that the State selectively applied the Inmate Reimbursement Act to appellant and “25-30” other inmates over the last six years, based solely on the amount of money in their accounts.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 Ark. 287, 423 S.W.3d 28, 2012 Ark. LEXIS 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackool-v-state-ark-2012.