Hill v. State

Summary

The Supreme Court of Arkansas dismissed Jessie Hill’s appeal from the denial of his motion seeking scientific testing under Act 1780 of 2001. The court held that Hill failed to rebut the statutory presumption against timeliness, so the circuit court lacked jurisdiction to grant relief and the motion to extend the time to file a brief was moot.

Holdings

1. An appeal from the denial of postconviction relief, including a petition for a writ of habeas corpus under Act 1780, will not be permitted to proceed when it is clear that the appellant cannot prevail. Because Hill failed to rebut the statutory presumption against timeliness, the circuit court lacked jurisdiction to consider his petition, and the Supreme Court lacked jurisdiction to consider the merits of the appeal.
2. The motion to extend time was moot because Hill tendered his brief after filing the motion, and the appeal was dismissed.

Questions Presented

1. Whether the Arkansas Supreme Court could consider Hill's appeal from the denial of postconviction scientific testing when Hill's motion failed to rebut Act 1780's presumption against timeliness.
2. Whether Hill's motion for an extension of time to submit his appellate brief remained live after he tendered the brief.

Disposition

dismissed