Supreme Court of Arkansas

James E. Clemons, Petitioner v. State of Arkansas, Respondent

October 30, 20142014 Ark. LEXIS 575

Summary

The court treated Clemons's petitions for belated appeal as a motion for rule on clerk because his notices of appeal were timely, but denied relief. It held that he could not prevail because the circuit court's order adequately incorporated the State's response and because his petition failed to satisfy the statutory requirements for post-conviction scientific testing, including identifying qualifying evidence, a viable actual-innocence theory, new testing methods, and grounds to overcome the timeliness presumption. The court therefore declined to address whether Clemons had shown good cause for failing to timely lodge the record.