20
attorney’s fee motions was that court’s opinion of October 19, 2017.4
Moreover, underscoring that Petitioners’ time for
filing ran from the date of the judgment—and not the
date the mandate issued—the rule governing attorney’s fees provided for appointed representation of indigent criminal appellants provides that such requests
must be filed no later “than 30 days after the issuance
of the mandate.” ARK. SUP. CT. R. 6–6(d) (emphasis
added), as opposed to Rule 54(e)’s reference to “the
judgment.”
Therefore, if Petitioners were required to file their
motion for appellate fees in the Arkansas Supreme
Court, and—as Petitioners concede—Rule 54(e) governed the time period for filing that motion, Petitioners’ motion was due no later than November 2, 2017,
fourteen days after the issuance of the court’s opinion.
Yet Petitioners’ motion was not filed until November
21, 2017—33 days after the issuance of the opinion.
Thus, Petitioners’ motion was untimely, and Petitioners have forfeited any ability to seek appellate fees
under state law. The Arkansas Supreme Court was
consequently within its authority to deny Petitioners’
motion without comment. See Norman, 66 S.W.3d at
640.
4
This Court similarly characterized its earlier opinion in
this case as reversing “[t]he judgment of the Arkansas Supreme
Court. . . .” Pavan v. Smith, 137 S. Ct. 2075, 2079 (2017) (emphasis
added); see also Pet. App. 13a (Arkansas Supreme Court describing this Court as having “reversed” that court’s “judgment”).