No. 18-8344

James Edward Whitney v. Arkansas

Lower Court: Arkansas
Docketed: 2019-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appeal-procedure appeal-process-issues civil-procedure clerk-error clerk-of-court clerk-of-court-duties court-filing due-process institutional-filing notice-of-appeal record record-filing record-lodging standing timeliness
Key Terms:
DueProcess Privacy
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether the clerk of the court improperly declined to lodge the record on the petitioner's appeal from the order of the Circuit Court for Washington County, Arkansas, case # 72cr-17-2275

Question Presented (OCR Extract)

Issues Presented for Consideration and Review 1) The Clerk of the court has improperly declined to lodge the record on my appeal from the order of the Circuit Court for Washington County Arkansas, case # 72cr-172275. Dated 08 Dec 2017 and filed for Record on 21 Dec. 2017, 2) That the Clerk of the Court has incorrectly read the file mark date on the order from the Circuit Court for Washington County, Arkansas. 3) That the Clerk of the Court improperly noted the file Date of my notice and designation of the record with a certification of Institutional filing Dated 18 Jan 2018 and copy of the envelope it was received in . 4) That the Clerk of the Court is incorrect to state that my notice of appeal was not filed timely. And should not have declined to lodge the record for same. 7 . Preface Pay heed and hear me, be still and I will speak; If you have what to say, answer me; But if not, listen to me; Be still and I will teach you wisdom. But where does wisdom come? Where is the source of understanding? See! Fear of the Lord is wisdom; to shun Evil is understanding; no man can set a value on the for it is the breath of El Shaddai from which they come. It is not the aged who are wise, nor the elders who understand how to judge. As long as there is life in me, and God’s breath is in my,nostrils, my lips will speak no wrong, nor my tongue utter deceit, Until I die I will maintain my integrity, I persist in my righteousness and I will not yield; I shall be free of reproach as long as I live. I would not temper my speech for anyone’s sake nor show regards for any man, for I do not know how to temper my speechmy maker would soon carry me off. My words bespeak the uprightness of my heart, my lips utter insight honestly, the spirit of God formed me; The Breath of El Shaddai sustains me. You and I are the same before God. I too was : . nipped from clay. Listen, o wise ones, to my words you who have knowledge, give ear to me; Do you know the Laws Of Heaven or impose its Authority on Earth? For the ear test arguments, as the palate taste food. If God but intends it. He can call back his spirit and breath; all flesh would ; at once expire, and all mankind return to oust. See God is greater than we can know; The number . of his years cannot be counted. He keeps turning events by his stratagems, that they might accomplish all that he commands them throughout the inhabited earth. Whoever confronts me I will requite, for everything under the Heavens is mine Declares the Lord. Remember, then, to magnify his works, of which men have have sung. it

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-19
Waiver of right of respondent State of Arkansas to respond filed.
2019-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2019)

Attorneys

James Edward Whitney
James Edward Whitney — Petitioner
James Edward Whitney — Petitioner
State of Arkansas
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent