Supreme Court of Arkansas

Danny Ray Henington, Petitioner v. State of Arkansas, Respondent

November 17, 20162016 Ark. LEXIS 335

Summary

The court dismissed Henington's motion for a belated appeal because the record showed that he could not prevail on an appeal from the denial of his habeas petition. The petition was filed in a court lacking jurisdiction over the custodian and asserted claims that were not cognizable in habeas proceedings, including trial error and ineffective assistance of counsel. The court therefore did not need to consider the reasons for the untimely notice of appeal.