Supreme Court of Arkansas

Tevin A. Bradley v. State of Arkansas

April 9, 20152015 Ark. LEXIS 264

Summary

The court dismissed Bradley’s appeal from the denial of his postconviction petition because the petition was not accompanied by the affidavit and verification required by Rule 37.1(c). Although Bradley’s signature was notarized, the petition did not attest that its factual statements were true, correct, and complete, and the rule required an appellate court to dismiss a noncompliant petition. Justice Wood, dissenting, would have reached the merits because she viewed the verification requirement as a waivable procedural rule rather than a jurisdictional defect.