Biggs v. State

Summary

The court affirmed the denial of Alvin Biggs's petition seeking scientific testing under Arkansas's actual-innocence habeas statute. Because the petition was filed nearly eleven years after conviction and did not establish any statutory basis for overcoming the presumption against timeliness, the circuit court properly denied relief without an evidentiary hearing. The motion for appointment of counsel was moot because Biggs had already filed appellate briefs without appointed counsel.