Supreme Court of Arkansas

Nelson v. State

January 23, 20142014 Ark. 28

Summary

The court dismissed Nelson’s belated appeal from the denial of his postconviction petition because the record showed that he could not prevail, rendering his motion for an extension of time moot. The court held that his judicial-bias and parole-instruction claims were not cognizable in postconviction proceedings, and that his ineffective-assistance claims failed because he did not establish deficient performance and resulting prejudice. The court also concluded that his allegations concerning counsel’s handling of the custodial statement, an uncalled witness, and an alleged conflict of interest were conclusory or unsupported by facts.