Supreme Court of Arkansas

Duane Jefferson Gonder, Appellant v. Franklin Spain, Deputy Prosecuting Attorney, Appellee

March 31, 20162016 Ark. LEXIS 110

Summary

The court affirmed dismissal of Gonder’s amended civil complaint because, despite its injunctive-relief label, it was a collateral attack on his criminal judgment governed exclusively by Rule 37.1. The amended complaint was untimely, successive, and raised claims that were procedurally barred because they could have been asserted at the plea or on direct appeal.