Johnson v. State

Summary

The Supreme Court of Arkansas granted appointed counsel's motion to withdraw and dismissed James Harless Johnson's appeal from the denial of his Rule 37.1 postconviction petition. The court held that the petition was untimely because it was filed approximately twenty-three months after the appellate mandate, beyond Rule 37.2(c)'s sixty-day jurisdictional deadline.

Holdings

1. The appellate court may grant appointed counsel's motion to be relieved because Arkansas Rule of Appellate Procedure-Criminal 16 applies to appeals from adverse orders in Rule 37.1 proceedings.
2. The appeal must be dismissed because Johnson could not prevail where his Rule 37.1 petition was filed outside the applicable time limit.

Questions Presented

1. Whether appointed counsel should be permitted to withdraw from an appeal of the denial of a Rule 37.1 postconviction petition.
2. Whether the appeal should be dismissed because Johnson's Rule 37.1 petition was untimely and he could not prevail on appeal.

Disposition

dismissed