Supreme Court of Arkansas

Olajuwon Smith, Appellant v. State of Arkansas, Appellee

January 22, 20152015 Ark. LEXIS 23

Summary

The court affirmed the denial of Smith's second postconviction petition because his first petition was not dismissed without prejudice, and the governing rule bars a subsequent petition in that circumstance. It held that formatting requirements for postconviction petitions are permissible and that the alleged prison-law-library limitations did not establish a due-process violation. Justice Josephine Linker Hart, dissenting, would have treated the second filing as a corrected version of the first and permitted consideration of the merits.