Supreme Court of Arkansas

Malik (saba) Ka Makkali, Appellant v. State of Arkansas, Appellee

February 16, 20172017 Ark. LEXIS 37

Summary

The court dismissed Makkali’s appeal because the record conclusively showed that he could not prevail on his postconviction habeas petition or requested testing. His petition was presumptively untimely, and he failed to establish an exception to the time limit or show that the requested testing could materially advance a claim of actual innocence. The court also held that the proposed testing lacked the necessary factual and evidentiary foundation, making the motion for a belated brief moot.