ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JUNE 27, 2002

GARY T. CLOIRD

a/k/a Simba Kali,

a/k/a Saba Ka Makkali

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 93-284

APPELLEE'S MOTION FOR RULE ON CLERK [CIRCUIT COURT OF JEFFERSON, NO. CR 92-78, CR 92-191]

MOTION DENIED

Gary Cloird, who is also known as Simba Kali and Saba Ka Makkali, filed in this court a petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis and for writ of habeas corpus. We granted the coram nobis portion of the petition and remanded the habeas portion to the trial court for an evidentiary hearing on one jurisdictional question. Cloird v. State, 348 Ark. ___, ___S.W.3d ___(May 23, 2002). Upon return of the remand, this court will be in a position to decide whether issuance of the writ is warranted.

The appellee State subsequently tendered a petition for rehearing on June 4, 2002, with respect to the remand of the petition for writ of habeas corpus. Our clerk correctly declined to file it pursuant to In Re Motions for Reconsideration in Post-Conviction Matters, 319 Ark. Appx. 826 (1994), in which we said that we would no longer consider motions for reconsideration of the denial of a motion pertaining to a postconviction matter, including a petition for writ ofhabeas corpus. (This rule applies even where the party refers to the request for reconsideration as a "petition for rehearing.") As we do not accept motions for reconsideration from petitioners who petitions have been denied, we do not accept such motions from the State when a postconviction matter is remanded to the trial court for a hearing.

The state argues that its pleading should be filed because such requests for rehearing have been granted in other cases. The fact, however, that such pleadings have inadvertently been filed in the past does not negate our practice of not accepting such pleadings in postconviction cases.

Petition denied.