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SHOEMATE v. NORRIS

No. 03-3705.

390 F.3d 595 (2004)

Melvin SHOEMATE, Petitioner-Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 15, 2004.

Attorney(s) appearing for the Case

Omar F. Greene, Appointed Federal Public Defender, Little Rock, AR, argued, for appellant.

Teena L. Watkins, Asst. Attorney General, Little Rock, AR, argued, for appellee.

Before RILEY, LAY, and MELLOY, Circuit Judges.

LAY, Circuit Judge.

An entry of judgment convicting Melvin Shoemate of rape was filed in Arkansas state court on May 8, 1997. After the entry of judgment, Shoemate had thirty days in which to file a notice of direct appeal under Arkansas law. Ark. R.App. P.Crim. 2(a). Shoemate's wife filed a notice of appeal on his behalf within thirty days of the judgment. However, the Arkansas Supreme Court returned the notice of appeal on July 8, 1997, because it was not filed...

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