Supreme Court of Arkansas
Vincent James Hussey, Appellant v. State of Arkansas, Appellee
July 31, 20142014 Ark. LEXIS 426
Summary
The Supreme Court of Arkansas affirmed the denial of appellant's post-conviction petition seeking DNA testing of blood on a red shirt allegedly connected to a murder. The court held that the petition was filed sixteen years after judgment and appellant failed to rebut the statutory presumption against timeliness, so the trial court properly denied relief without an evidentiary hearing. The court also declined to consider appellant's ineffective-assistance argument because it was raised for the first time on appeal.