Marvin Livingston, Appellant v. State of Arkansas, Appellee

Summary

The court affirmed the denial of Livingston’s petition because his ineffective-assistance claims were cognizable under Rule 37.1 and were filed outside that rule’s ninety-day jurisdictional deadline. The court further held that recasting those claims as an attack on an illegal sentence did not avoid the deadline because the sentences were not alleged to exceed the statutory range and the asserted defects constituted trial error. No separate opinions were filed.