Munnerlyn v. State

The Supreme Court denied Petitioner’s motion to reinvest jurisdiction in the trial court to consider a petition for a writ of audit querela, which the Court treated as a petition to reinvest jurisdiction in the trial court to consider a writ of error coram nobis, or alternatively, for leave to file a postconviction petition in the trial court pursuant to Ark. R. Crim. P. 37.2(a). The Court held (1) Petitioner failed to raise sufficient allegations that established entitlement to relief under coram nobis; and (2) because Petitioner’s Rule 37.2 petition was filed outside the three-year statute of limitations, he was not entitled to relief unless his assertions would render the judgment void, and the adequacy of Miranda warnings does not implicate a fundamental right that is capable of voiding the judgment. View "Munnerlyn v. State" on Justia Law