Summary
The Supreme Court of Arkansas dismissed Terrick Nooner’s appeal from the denial of his Arkansas Rule of Criminal Procedure 37.1 petition and held his related motions moot. The court concluded that the petition was untimely because it was filed approximately eighteen years after issuance of the mandate, depriving the trial court and appellate court of jurisdiction.
Topics
Practice areas
Questions Presented
- Whether Nooner's 2013 Rule 37.1 petition was timely when it was filed approximately eighteen years after issuance of the mandate affirming his judgment.
- Whether the appeal from the denial of the untimely postconviction petition should be dismissed because Nooner could not prevail.
- Whether Nooner's related motions for appointment of counsel, extraordinary writs, expedited consideration and temporary relief, certiorari, and sanctions remained justiciable after dismissal of the appeal.
Holdings
- A petitioner whose judgment has been affirmed on appeal must file a Rule 37.1 petition within sixty days after the mandate issues; Nooner's petition, filed approximately eighteen years after the mandate, was untimely.
- The time limitations in Rule 37.2(c) are jurisdictional; failure to comply deprives the trial court of jurisdiction to consider the Rule 37.1 petition and deprives the appellate court of jurisdiction over the appeal.
- An appeal from an order denying postconviction relief will not be permitted to proceed when it is clear from the record that the appellant could not prevail.
- The motions for appointment of counsel, extraordinary writs, expedited consideration and temporary relief, certiorari, and sanctions were moot following dismissal of the appeal.
Key quotations
“An appeal from an order that denied a petition for postconviction relief will not be permitted to proceed where it is clear that the appellant could not prevail.”
“Time limitations imposed in Rule 37.2(c) for filing a petition are jurisdictional in nature.”
Factual background
Nooner was convicted by a jury of aggravated robbery in 1993 and sentenced to life imprisonment. The conviction was affirmed on appeal, and the mandate issued in 1995. Nooner filed a Rule 37.1 postconviction petition on March 25, 2013, approximately eighteen years after the mandate issued.
Procedural history
Nooner was convicted of aggravated robbery and sentenced to life imprisonment in 1993, and the Supreme Court of Arkansas affirmed in 1995. The mandate issued in 1995. In 2013, Nooner filed a Rule 37.1 petition, which the Saline County Circuit Court denied as untimely. The Supreme Court dismissed the appeal because Nooner could not prevail and held that the related motions were moot.