Supreme Court of Arkansas

Alvin Ray Williams, Appellant v. State of Arkansas, Appellee — Wood, J., Dissenting

February 9, 20172017 Ark. LEXIS 25

Summary

Justice Wood’s dissent would affirm the denial of Williams’s petition for writ of error coram nobis because he did not act with due diligence. The dissent reasons that the circuit court could deny relief based on the motions and attached evidence without a hearing or specific written findings, and that Williams knew the relevant facts no later than 2010 but waited more than five years to seek relief. Justice Hart, concurring, agrees that the case was properly remanded but would eliminate due diligence as an additional requirement in error coram nobis proceedings.