Terrance Billups v. State of Arkansas

2020 Ark. App. 76

• Court: Court of Appeals of Arkansas
• Decided: February 5, 2020
• Status: Published

Opinion

Cite as 2020 Ark. App. 76 ARKANSAS COURT OF APPEALS Reason: I attest to the accuracy and integrity of this document DIVISION III Date: 2021-06-29 08:54:33 No. CR-19-42 Foxit PhantomPDF Version: 9.7.5 Opinion Delivered February 5, 2020

TERRANCE BILLUPS APPEAL FROM THE BENTON APPELLANT COUNTY CIRCUIT COURT [NO. 04CR-15-1299] V. HONORABLE ROBIN F. GREEN, STATE OF ARKANSAS JUDGE APPELLEE REMANDED TO SUPPLEMENT THE RECORD; SUPPLEMENTAL ADDENDUM ORDERED

BRANDON J. HARRISON, Judge

Terrance Billups appealed the circuit court’s denial of his petition for postconviction

relief and its decision to do so without a hearing. This court remanded for supplementation

of the record and addendum because we were unable to confirm our jurisdiction.

Specifically, we ordered the circuit clerk to provide a supplemental record with a copy of

the envelope in which Billups’s Rule 37 petition was received, and if the clerk had failed to

retain the envelope, we ordered the circuit court to hold a hearing to settle the record, to

the extent possible, and enter an order that provides findings on the date that the petition

was received by the clerk, the date of the postmark on the envelope, and the filing date of

the petition. Billups v. State, 2019 Ark. App. 514.

A fifty-page supplemental record has been filed, and Billups filed a supplemental

addendum based on that record; however, the supplemental record does not contain the

1 information we requested. The requested envelope has not been included, nor did the

circuit court hold a hearing or make any findings on the date that the petition was received

by the clerk. As noted in our previous opinion, the date that Billups’s petition was received

by the circuit court is essential to our review concerning whether Rule 37.2(g) has been

satisfied.

Therefore, once again, we remand for the circuit clerk to provide a supplemental

record with a copy of the envelope. If the clerk has failed to retain the envelope, then the

circuit court must hold a hearing to settle the record, to the extent possible, and enter an

order that provides findings on the date that the petition was received by the clerk, the date

of the postmark on the envelope, and the filing date of the petition. To be clear, we expect

a supplemental record that consists of the requested envelope or a short transcript of a

hearing convened by the circuit court to settle the record on the issue of when Billups’s

Rule 37 petition was received by the circuit clerk’s office and the date of the postmark on

the envelope.

The supplemental record, including the transcript of any hearing conducted, is to be

returned within fifteen days of this order. We also order Billups to file a supplemental

addendum containing the contents of the supplemental record within fifteen days after the

supplemental record has been filed. See Ark. Sup. Ct. R. 4-2(b)(4) (2019).

Remanded to supplement the record; supplemental addendum ordered.

GLADWIN and WHITEAKER, JJ., agree.

Terrance Billups, pro se appellant.

Leslie Rutledge, Att’y Gen., by: Rachel Kemp, Sr. Ass’t Att’y Gen., for appellee.