Supreme Court of Arkansas
Edward Lee Carter, Appellant v. State of Arkansas, Appellee
May 13, 20102010 Ark. LEXIS 263
Summary
The court held that a Rule 37.1 postconviction petition filed on the same day an appellate mandate issued was timely because the sixty-day filing period begins on the mandate's issuance date. It nevertheless dismissed the appeal because Carter could not prevail on his ineffective-assistance claims: he failed to show prejudice, counsel's surveillance-video decision was reasonable trial strategy, and his fair-cross-section claim lacked factual support. The pending motions were therefore moot.