Summary
The Supreme Court of Arkansas granted Artie Jackson’s motion to stay the mandate while he sought review in the United States Supreme Court. The court explained that staying the mandate preserved the opportunity to timely pursue post-conviction relief under Arkansas Rule of Criminal Procedure 37.1 and found no established delay, lack of cognizability, or other good cause to deny the request.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court of Arkansas should stay its mandate to permit Jackson to seek a writ of certiorari in the United States Supreme Court before pursuing post-conviction relief under Arkansas Criminal Procedure Rule 37.1.
- Whether the circumstances justified exercising the court's discretion to stay the mandate despite the State's objection based on delay.
Holdings
- Once a judgment of conviction is affirmed on direct appeal and the mandate issues, a Rule 37.1 petition must be filed in the trial court within sixty days of the mandate; timely filing is jurisdictional.
- Whether to stay or recall the mandate so that a criminal appellant may first seek United States Supreme Court review before filing a Rule 37.1 petition is committed to the Arkansas Supreme Court's discretion and is determined case by case.
Key quotations
“Filing the petition within the sixty-day period is a jurisdictional requirement, and the circuit court may not grant relief on an untimely petition.” (252 S.W.3d at 134)
“The decision to stay a mandate is made on a case-by-case basis” (252 S.W.3d at 134)
Factual background
Jackson was convicted by a jury of first-degree and second-degree sexual abuse and received a 120-month prison sentence. After the Arkansas Supreme Court affirmed his convictions, he sought a mandate stay to preserve the opportunity to petition the United States Supreme Court before filing a potentially timely Rule 37.1 petition in the trial court. The State opposed the stay, asserting that it would cause unnecessary delay.
Procedural history
A jury found Jackson guilty of first-degree and second-degree sexual abuse and sentenced him to 120 months' imprisonment. The Supreme Court of Arkansas affirmed the convictions in Jackson v. State, 368 Ark. 610, 249 S.W.3d 127 (2007). Jackson then sought a stay of the mandate; the Supreme Court granted the motion.