Supreme Court of Arkansas

Johnson v. State.dissent.2

April 19, 20172017 Ark. 138

Summary

The dissent argues that the majority improperly stayed the execution and remanded for another hearing on the petitioner's request for postconviction DNA testing. It maintains that the petitioner failed to show the testing could establish actual innocence, that the motion was untimely, and that he failed to establish the required chain of custody. The dissent would have upheld the circuit court's denial of relief and allowed the execution to proceed.