Justia Arkansas Supreme Court Opinion Summaries

Appellant Sherman Watson appealed the denial of his pro se petition for postconviction relief and filed a number of motions regarding the appeal. The Supreme Court dismissed Appellant's petition for writ of certiorari and declared his motions moot, holding that the trial court's ruling denying relief on the claims was not clearly error where (1) the trial court properly treated Appellant's postconviction petition as timely filed, but (2) Appellant did not carry his burden to demonstrate a meritorious claim for postconviction relief as (i) several of Appellant's claims were not cognizable in a Rule 37.1 petition, and (ii) Appellant failed to demonstrate that his counsel was ineffective.

Appellant Jonathan Olivarez pled guilty to charges of delivery of methamphetamine, attempted murder in the first degree, and being a felon in possession of a firearm. Appellant timely filed a petition for postconviction relief, alleging ineffective assistance of counsel based on trial counsel's failure to correctly inform him of his parole eligibility. The trial court denied Appellant's petition without an evidentiary hearing. The Supreme Court reversed, holding that, based on the transcript of the plea hearing and the alleged positive misrepresentations of trial counsel regarding Appellant's parole eligibility, there was no conclusive showing that Appellant was entitled to no relief as determined by the trial court. Remanded.

Petitioner Mychael Kinard entered a conditional plea to simultaneous possession of drugs and firearms and possession of a controlled substance with intent to deliver. The plea was entered on July 13, 2010, at which time Petitioner filed a statement setting out that he was entering the plea conditioned on an appeal of the issue of whether the denial of his motion to suppress evidence was a correct ruling. Petitioner's attorney never perfected the appeal. Petitioner later filed a motion seeking leave from the Supreme Court to proceed with a belated appeal. The Court granted the motion, holding that because Petitioner's counsel was timely made aware by Petitioner that Petitioner desired to appeal, counsel was obligated to file a timely notice of appeal.

Appellant Charles Green was convicted of four counts of rape and one count of terroristic threatening in the first degree. The Supreme Court affirmed, holding (1) the circuit court did not abuse its discretion in denying Appellant's motion for continuance; (2) the circuit court did not abuse its discretion in refusing to instruct the jury on second-degree terroristic threatening as a lesser-included offense of terroristic threatening in the first degree and first-degree sexual abuse as a lesser-included offense of rape; and (3) the circuit court did not err in refusing to order the victim's counselor to disclose the diagnosis of the victim.

Appellant, an inmate incarcerated in the state Department of Correction, filed a pro se petition for writ of habeas corpus in the county where he was incarcerated, alleging several grounds for the writ. The circuit court dismissed the petition and Appellant appealed. Before the Supreme Court were two motions filed by Appellant. The Court declared the motions moot and dismissed Appellant's appeal, holding that because none of Appellant's claims in his petition raised a question of jurisdiction or asserted that the commitment was invalid on its face, Appellant failed to state cognizable claims, and he did not meet his burden of demonstrating a basis for a writ of habeas corpus to issue.

After Appellant was found guilty of two nonviolent felony offenses, Appellant was released on bond subject to the condition that he not leave the state without written permission. Appellant subsequently left the state without written permission. Following a jury trial, Appellant was convicted of escape in the second degree. Appellant appealed, arguing that the circuit court erred in denying his motion for directed verdict because the State failed to prove that he was "in custody," which was a required element of the charged offense. The Supreme Court reversed and dismissed, holding that although Appellant violated the conditions of the order allowing his release, he did not escape from custody, and the circuit court erred in denying his motion for directed verdict.

Appellant Marion Riddell was found guilty by a jury of rape and sentenced to life imprisonment. The Supreme Court affirmed. One hundred and sixty-eight days after the Court's mandate issued, Appellant filed in the trial court a pro se petition for "belated" postconviction relief. The trial court denied the petition. Before the Court was Appellant's pro se motion seeking a copy of the transcript of his trial. The Court dismissed the appeal and declared Appellant's motion moot, holding that the circuit court and appellate court lacked jurisdiction to consider Appellant's petition for postconviction relief where Appellant did not timely file his petition.

Appellant Sarah Lynn entered a negotiated plea of guilty to possession of marijuana and possession of drug paraphernalia. A judgment and disposition order showed that Lynn had entered a negotiated plea of guilty or nolo contendere on both charges and that she was sentenced pursuant to the First Offender Act, or Act 346. Lynn appealed from the judgment and disposition order. The Supreme Court dismissed the appeal, holding that as a plea of guilty or nolo contendere tendered pursuant to Act 346 is not a conviction, and where there is no conviction there is no right to appeal, Lynn had no right of appeal from her Act 346 position because she did not meet the threshold requirement of being convicted of a misdemeanor or a felony.

Appellant Milton Hendrix was found guilty by a jury of second-degree sexual assault, a felony, and fourth-degree sexual assault, a misdemeanor. Appellant subsequently filed a pro se petition for postconviction relief, which the trial court denied. Before the Supreme Court were Appellant's pro se motions for an extension of time to file his brief-in-chief and a copy of the record. The Court dismissed the appeal and declared the motions moot, holding that because the petition filed in the trial court was not timely filed, the trial court and appellate court lacked jurisdiction to consider Appellant's petition for postconviction relief.

Lydia Delgadio was convicted and sentenced for possession of drug paraphernalia and possession of methamphetamine with intent to deliver. The circuit court denied Delgado's petition for postconviction relief. Delgado filed a notice of appeal, nine days late. Delgado then filed a motion to file notice of appeal and designation of record out-of-time, which the Supreme Court treated as a motion for belated appeal. In the motion, Delgado stated that she mailed the notice of appeal before the deadline, and after the deadline the notice was returned for insufficient postage. The Court denied the motion, holding that the motion failed to establish good cause for not filing a timely notice of appeal.