Supreme Court of Arkansas

Newton v. State

September 5, 20132013 Ark. 320

Summary

The court dismissed Newton’s appeal from the denial of his postconviction petition because the petition was filed in a county circuit court that lacked jurisdiction to consider a collateral challenge to his conviction. Under Arkansas’s postconviction procedure, such a petition must be filed in the court where the judgment of conviction was entered, regardless of how the pleading is labeled. Because Newton could not prevail on the appeal, his motion for an extension of time to file his brief was moot.