Thomas C. Ortega v. State of Arkansas — Linkerhart, J., Dissenting

Summary

Justice Linkerhart dissented from the summary dismissal of Ortega's appeal before he had filed an appellate brief. She reasoned that Ortega timely requested an extension under the appellate rules and that dismissing the appeal before the brief was due deprived him of the procedural due process afforded by those rules. Justice Linkerhart also criticized structural limitations in the Rule 37 process, including the lack of appointed counsel and transcript access for incarcerated pro se petitioners. Justice Wood, concurring, defended the court's handling of postconviction cases and rejected the dissent's criticism of the court.