Supreme Court of Arkansas
Darcel Damiario Tolliver, Appellant v. State of Arkansas, Appellee
March 10, 20162016 Ark. LEXIS 86
Summary
The court dismissed Tolliver’s appeal because his Rule 37.1 petition was filed outside the jurisdictional ninety-day deadline applicable to convictions obtained by guilty plea. The court held that federal habeas doctrines concerning cause for procedural default did not authorize an Arkansas court to disregard its own postconviction filing requirements, and that the absence of postconviction counsel did not excuse the untimely filing. His motions for extensions of time to file a brief were therefore moot.