ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

May 17, 2001

CAROLYN LANORE ARNETT

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 01-265

PRO SE MOTIONS FOR EXTENSION OF TIME TO FILE BRIEF and FOR APPOINTMENT OF COUNSEL [CIRCUIT COURT OF GREENE COUNTY, CR 98-42B, CR 98-44]

MOTION FOR EXTENSION OF TIME GRANTED; MOTION FOR APPOINTMENT OF COUNSEL DENIED

In 1999, Carolyn Lanore Arnett was found guilty of capital murder and hindering apprehension or prosecution of Edward Ferguson. An aggregate sentence of life imprisonment without parole was imposed. We affirmed. Arnett v. State , 342 Ark. 66, 27 S.W.3d 721 (2000). Arnett subsequently filed in the trial court a timely petition pursuant to Criminal Procedure Rule 37 seeking to vacate the judgment. The petition was denied, and the record on appeal from the order has been lodged here. Appellant Arnett, who is in the custody of the Arkansas Department of Correction and proceeding pro se, now seeks an extension of time to file the appellant's brief and appointment of counsel.

Postconviction matters are considered civil in nature with respect to the right to counsel, and there is no absolute right to appointment of counsel in civil matters. See Virgin v. Lockhart,

288 Ark. 92, 702 S.W.2d 9 (1986). We have held, however, that if an appellant makes a substantial showing that he is entitled to relief in a postconviction appeal and that he cannot proceed without counsel, we will appoint counsel. See Howard v. Lockhart, 300 Ark. 144, 777 S.W.2d 223 (1989). Appellant here has not demonstrated that there is merit to the appeal.

As to the motion for extension of time to file the appellant's brief, which is the first such motion filed by appellant in this appeal, the time is extended to forty days from the date of this opinion.

Motion for extension of time granted; motion for appointment of counsel denied.