Supreme Court of Arkansas

Alvin Ray Williams, Appellant v. State of Arkansas, Appellee — Hart, J., Concurring

February 9, 20172017 Ark. LEXIS 25

Summary

Justice Hart concurred in the remand because the circuit court's actions after the prior remand were indistinguishable from the actions that led to the appeal again. She separately argued that Arkansas should abandon any requirement that a coram nobis petitioner demonstrate due diligence, because the remedy already requires proof of a fundamental extrinsic error and adding an undefined diligence requirement can obstruct relief for manifest injustice. Justice Wood, dissenting, would have affirmed the denial of relief because Williams delayed more than five years after learning of the allegedly withheld statement and therefore failed to exercise due diligence.