Supreme Court of Arkansas

Ferrell v. State

May 22, 20142014 Ark. 242

Summary

The court affirmed the denial of Ferrell’s petition for scientific testing under Act 1780 because he filed it fifteen years after conviction and failed to rebut the statutory presumption against timeliness. The court also held that his non-testing allegations, including ineffective assistance, prosecutorial misconduct, and evidentiary errors, were not cognizable under the Act. Because the petition and record conclusively showed that he was not entitled to relief, no evidentiary hearing was required.