{
  "id": 939055,
  "name": "Michael Anson THOMAS v. STATE of Arkansas",
  "name_abbreviation": "Thomas v. State",
  "decision_date": "2001-06-14",
  "docket_number": "CR 00-1185",
  "first_page": "236",
  "last_page": "238",
  "citations": [
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      "cite": "345 Ark. 236"
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      "cite": "45 S.W.3d 818"
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  "court": {
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    "name": "Arkansas Supreme Court"
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      "reporter": "Ark.",
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      "category": "reporters:state",
      "reporter": "Ark.",
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      "year": 2001,
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  "last_updated": "2023-07-14T21:03:17.216423+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Michael Anson THOMAS v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "W.H. \u201dDub\u201d Arnold, Chief Justice.\nAppellant, Michael Anson Thomas, brings the instant appeal challenging the Jefferson County Circuit Court\u2019s decision rescinding its April 6, 2000 order transferring his case to juvenile court. Our jurisdiction is authorized pursuant to Ark. R. Sup. Ct. 1-2(b)(1) and 1-2(d) (2000). Thomas was charged with committing a terroristic act and battery in the first degree. At the time of the offense, he was sixteen years\u2019 old. On April 4, 2000, the circuit court held a hearing pursuant to Ark. Code Ann. section 9-27-318 (Supp. 1999) and entered an order on April 6, 2000, transferring the matter to juvenile court. Approximately two weeks later, on April 20, 2000, the State filed a motion for reconsideration. Following a second hearing on June 30, 2000, the circuit court filed an order on July 5, 2000, rescinding its prior transfer order and retaining jurisdiction over appellant.\nAccording to the trial court, it erroneously granted appellant\u2019s motion to transfer based upon inaccurate information, including a belief that the juvenile authorities possessed extended jurisdiction to take further action regarding the appellant when he turned twenty-one. In response, Thomas argued that the trial court lost jurisdiction to modify its prior order because it failed to act within thirty days of the State\u2019s filing its motion for reconsideration. In other words, the motion was deemed denied on May 22, 2000, before the hearing took place. For its part, the court explained that the matter was scheduled at the \u201cfirst available date.\u201d\nJurisdiction\nAppellant\u2019s sole point on appeal challenges the trial court\u2019s decision to retain jurisdiction. Thomas argues that the circuit court erred by rescinding its order transferring him to juvenile court because it lacked jurisdiction over him at the time it entered the order. Specifically, Thomas maintains that either the circuit court lost jurisdiction over him on April 6, 2000, the day the transfer order was filed, or May 22, 2000, the day the State\u2019s postjudgment motion was deemed denied.\nThe State responds that the circuit court\u2019s decision was proper in light of Ark. R. Crim. P. 33.3 (2000), governing posttrial motions, or Ark. R. Civ. P. 60(a) (2000), addressing motions seeking relief from a judgment, decree, or order. We disagree. Rule 33.3 applies to facts not present in the instant case, namely, when a person is \u201cconvicted of either a felony or misdemeanor.\u201d Rule 60 provides a vehicle for the trial court to correct errors or mistakes or to prevent the miscarriage of justice in civil cases. We have never applied this rule to criminal cases. See State v. Dawson, 343 Ark. 683, 38 S.W.3d 319 (2001); Ibsen v. Plegge, 341 Ark. 225, 15 S.W.3d 686 (2000); McCuen v. State, 338 Ark. 631, 999 S.W.2d 682 (1999).\nHere, the State simply failed to pursue its available remedy by filing a direct and timely appeal within thirty days of the circuit court\u2019s April 6, 2000, transfer order. See Ark. R. App. P. \u2014 Crim. 2 (2000). In light of the State\u2019s failure to pursue an appeal from the circuit court\u2019s order transferring appellant\u2019s case to juvenile court, and the circuit court\u2019s ensuing lack of jurisdiction, this court never acquired appellate jurisdiction. Therefore, we dismiss the appeal.",
        "type": "majority",
        "author": "W.H. \u201dDub\u201d Arnold, Chief Justice."
      }
    ],
    "attorneys": [
      "John W. Cone, for appellant.",
      "Mark Pryor, Att\u2019y Gen., by: Brad Newman, Ass\u2019t Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Michael Anson THOMAS v. STATE of Arkansas\nCR 00-1185\n45 S.W.3d 818\nSupreme Court of Arkansas\nOpinion delivered June 14, 2001\nJohn W. Cone, for appellant.\nMark Pryor, Att\u2019y Gen., by: Brad Newman, Ass\u2019t Att\u2019y Gen., for appellee."
  },
  "file_name": "0236-01",
  "first_page_order": 258,
  "last_page_order": 260
}