Edward Joseph Reynolds v. State of Arkansas

Summary

The court denied the State’s motion to dismiss Reynolds’s appeal from the denial and dismissal of his postconviction petition. Because the circuit clerk failed to retain the mailing envelope required for verification and the State offered no other evidence establishing untimeliness, the court presumed that the petition was mailed and timely filed on the date stated in Reynolds’s affidavit. The appeal was allowed to proceed, with the State’s brief due within thirty days.