Moody v. State

Summary

The Supreme Court of Arkansas dismissed Alton S. Moody’s appeal concerning the denial of his petition for postconviction relief. The court held that the Rule 37.1 petition was untimely because it was filed more than sixty days after the appellate mandate issued, depriving the circuit court of jurisdiction to grant relief. The court also addressed the timeliness of Moody’s notice of appeal and his argument regarding receipt by the circuit clerk.

Holdings

1. A belated appeal from an order denying postconviction relief is not allowed absent a showing of good cause for failing to comply with the filing procedure. The court did not resolve whether Moody's notice was timely tendered because the appeal could not succeed on the merits of the jurisdictional postconviction issue.
2. When a conviction has been appealed, a Rule 37.1 petition must be filed within sixty days after the appellate mandate issues. The time limitation is jurisdictional; a petition filed outside that period does not confer jurisdiction on the trial court to grant postconviction relief.
3. An appellant bears the burden of bringing up a record sufficient for the appellate court to grant relief; when the record does not establish jurisdiction, the court must assume that jurisdiction was absent.

Questions Presented

1. Whether Moody's notice of appeal from the denial of postconviction relief was timely or should be permitted as a belated appeal based on alleged delivery to the circuit clerk on the filing deadline.
2. Whether the circuit court had jurisdiction to grant Rule 37.1 postconviction relief when the petition was filed more than sixty days after the appellate mandate issued.

Disposition

dismissed