Baker v. State of Ark., 74-1665
| Decision Date | 19 November 1974 |
| Docket Number | No. 74-1665,74-1665 |
| Citation | 505 F.2d 750 |
| Parties | Barney J. BAKER, Appellant, v. STATE OF ARKANSAS, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Barney J. Baker, pro se.
James Guy Tucker, Atty. Gen., and Jack T. Lassiter, Asst. Atty. Gen., Little Rock, Ark., for appellee.
Before LAY and HEANEY, Circuit Judges, and TALBOT SMITH, Senior District Judge. *
Petitioner Baker, an Arkansas prisoner, appeals the dismissal of his habeas corpus petition 1 in which he challenges Rule 8(d) of the Rules of the Supreme Court of Arkansas. That rule provides:
Pro Se Briefs will be accepted only in those criminal appeals in which the appellant has knowingly and intelligently refused the services of an attorney on appeal. Such a brief shall be accompanied by an affidavit that the appellant has prepared it without the assistance of any other prison inmate.
Petitioner alleges he wishes to proceed pro se in an appeal from the denial of post-conviction relief in the Arkansas state courts. He asserts, however, that the Supreme Court of Arkansas, in conformity with Rule 8(d), will not allow him to proceed pro se beyond the filing stage unless he is willing to submit an affidavit stating that he has prepared his brief without the assistance of any other prison inmate. If the affidavit is not filed, the Supreme Court requires the appointment of counsel. Petitioner challenges this as a violation of Johnson v. Avery, 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718 (1969), and an infringement upon his constitutional right of reasonable access to the courts. We disagree and affirm the district court's refusal to grant relief.
Johnson v. Avery, supra, set aside a rule which prohibited inmates within the Tennessee State Penitentiary from advising or aiding one another in preparing writs and other legal matters. The Supreme Court held that this would deny access to the courts in some cases and that the state could not abridge or impair a prisoner's right to apply to a federal court for a writ of habeas corpus. In so holding the Court emphasized that Tennessee did not provide available alternatives to the assistance then provided by other inmates. 393 U.S. at 488, 89 S.Ct. 747.
The Arkansas rule does not fall within the prohibition of the Avery case for at least two cogent reasons. First, a prisoner is not denied the right to petition a court, pro se, with the assistance of another inmate. The Supreme Court's rule relates only to filing legal briefs on appeal. Second, the rule recognizes an alternative for legal assistance afforded by other inmates, i.e., the appointment of counsel in every case. The rule is clearly not intended to restrict an individual's access to the court. Quite the contrary, it has a two-fold salutary purpose: (a) the provision of free trained legal assistance to an indigent prisoner, and (b) assistance to the court through elimination of the necessity of sifting through an 'unskillful' writ writer's brief. Furthermore, after appointed counsel has filed his brief, the petitioner 'may supplement it in any part for consideration on...
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Owen v. State
...the pro se appeal before us is appellant's own work, prepared without the assistance of other prison inmates. Cf. Baker v. Arkansas, (8th Cir. 1974) 505 F.2d 750. It is well settled that there is no constitutional right to lay assistance or lay counsel at either trial or appeal, under eithe......
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Chamberlain v. Ericksen
...courts have also expressly or implicitly recognized a difference between the right at trial and on appeal. In Baker v. Arkansas, 505 F.2d 750 (8th Cir.1974) (per curiam), this court upheld an Arkansas Supreme Court rule requiring pro se briefs in criminal appeals to be accompanied by an aff......