ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

April 26, 2001

DANIEL RISHER

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 92-923

PRO SE MOTION FOR RULE ON CLERK [CIRCUIT COURT OF COLUMBIA COUNTY, CR 91-93]

MOTION DENIED

Daniel Risher and Nikki Zinger were found guilty of the murder of Zinger's mother and each sentenced to life imprisonment. We affirmed. Zinger v. State, 313 Ark. 70, 852 S.W.2d 320 (1993). In 2000, Risher filed a petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. The petition was denied. Risher v. State, CR 92-923 (February 8, 2001).

On February 27, 2001, petitioner Risher tendered a petition for rehearing. Because the prevailing rules of procedure do not allow for a petition for rehearing of our decision to deny a petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis, the tendered petition was considered a motion for reconsideration. It was returned to petitioner unfiled pursuant to In Re Motions for Reconsideration in Post-Conviction Matters, 319 Ark. Appx. 826 (1994), in which we said:

This court frequently acts on motions filed in the course

of appeals of orders denying post-conviction relief pursuant to

Arkansas Criminal Procedure Rule 37, Ark. Code Ann. §16-

90-111 (Supp. 1991), statutes which govern the issuance of

writs of habeas corpus and mandamus as well as other legal

remedies such error coram nobis proceedings and others. As

there is no provision in the prevailing rules of procedure

for a motion for reconsideration to be filed after this court

has denied a motion which stems from a post-conviction

matter, such motions will no longer be filed. (emphasis

added)

Now before us is petitioner's motion for rule on clerk, asking that he be permitted to file the tendered pleading as a petition for rehearing. In the motion, petitioner urges this court to accept the petition because it sets out specific errors contained in the opinion which denied his petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis .

The motion is denied. As stated, there is no provision in our rules for a petition for rehearing to be filed after a petition or motion is denied. Moreover, this court has specifically said that it will not reconsider the decision to deny coram nobis relief.

Motion denied.