Supreme Court of Arkansas

Karl D. Roberts v. State of Arkansas

December 1, 20112011 Ark. LEXIS 589

Summary

The court dismissed Roberts’s appeal because the circuit court lacked subject-matter jurisdiction to consider his Rule 37.5 petition after Roberts had waived postconviction relief and that waiver had been affirmed on review. The court held that Roberts first needed to obtain an order reopening the postconviction proceedings and reinvesting jurisdiction in the circuit court. The court therefore did not reach the merits or the State’s alternative timeliness argument.