ARK.] GRISWOLD V. LOCKHART 265 Cite as 308 Ark. 265 (1992) Thomas GRISWOLD v. A.L. LOCKHART, Director, Arkansas Department of Correction 91-342 822 S.W.2d 388 Supreme Court of Arkansas Opinion delivered February 3, 1992 APPEAL & ERROR — MOTION TO FILE HANDWRITTEN BRIEF — FAILURE TO MAKE SHOWING THAT APPEAL HAS SUBSTANTIVE MERIT. — Where appellant appealed the denial of a petition for habeas corpus based on allegations that appellant was charged by information rather than indictment and that he was never afforded a "first appearance" before being bound over to circuit court, his motion to file a handwritten brief was denied because he failed to make a substantial showing of merit since the issues raised were not cognizable by habeas corpus. Motion to File Handwritten Brief; denied. Appellant, pro se. Winston Bryant, Att'y Gen., by: Brad Newman, Asst. Att'y Gen., for appellee. [1] PER CURIAM. Appellant seeks permission to file a handwritten brief which we will entertain upon a substantial showing of merit. Patterson v. State, 289. Ark. 564, 712 S.W.2d 922 (1986). This is an appeal from a denial of a petition for habeas corpus based on allegations that appellant was charged by information rather than indictment and that he was never afforded a "first appearance" before being bound over to circuit court. However, these are not matters cognizable by habeas
266 [308 corpus and, accordingly, appellant has failed to make a substantial showing of merit. Motion denied.
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