Saba K. Makkali v. State of Arkansas

Summary

The court denied Makkali’s fourth petition seeking permission to pursue coram nobis relief based on allegedly withheld vaginal-swab DNA evidence. The court held that the claim did not establish an extrinsic fundamental error because the relevant victim statement was part of the trial record, the petition supplied no evidence that defense counsel lacked the DNA results, and the evidence was not shown to be material. The court also held that Makkali’s attacks on the victim’s credibility and the sufficiency of the evidence were not cognizable in a coram nobis proceeding, rendering his motions moot.