Green v. State

Summary

The Arkansas Supreme Court affirmed the denial of James Edward Green's petition for declaratory and injunctive relief. The court held that, despite its labeling, the petition constituted a collateral attack on his criminal convictions and was governed by Arkansas Rule of Criminal Procedure 37.1. Because Green filed the petition 1,397 days after entry of judgment, it was untimely.

Holdings

1. A pleading's label does not control; when the pleading collaterally attacks a criminal judgment or sentence, it is governed by Arkansas Rule of Criminal Procedure 37.
2. The circuit court properly denied Green's petition as untimely because Rule 37.2 required filing within ninety days of entry of judgment, and Green filed 1,397 days after judgment.
3. Issues raised below but not raised in the appellate brief are considered abandoned.

Questions Presented

1. Whether a pleading styled as a petition for declaratory judgment and injunctive relief must be treated as a petition for post-conviction relief when it collaterally attacks a criminal judgment or sentence.
2. Whether Green's petition was untimely under Arkansas Rule of Criminal Procedure 37.2 because it was filed more than ninety days after entry of judgment.
3. Whether issues raised in the circuit-court petition but not pursued on appeal were abandoned.

Disposition

affirmed