Supreme Court of Arkansas

Don Earl Lewis, Appellant v. State of Arkansas, Appellee

April 20, 20172017 Ark. LEXIS 113

Summary

The court affirmed the denial of Lewis’s petition for scientific testing under Act 1780 because he failed to rebut the statutory presumption that his petition was untimely and failed to identify scientific evidence that could establish actual innocence. His allegation that police unlawfully collected his DNA presented a constitutional search-and-seizure claim, not a ground for relief under Act 1780. His nolo contendere plea also constituted an admission of guilt and did not convert the constitutional challenge into an Act 1780 claim.