Millsap v. State

The Supreme Court dismissed Appellant’s appeal from the denial of his pro se second amended Ark. R. Crim. P. 37.1 petition, which rendered moot his motion for use of the record on appeal and for an extension of time to file his brief, holding that Appellant’s pro se second amended petition was untimely and successive.Appellant pleaded guilty to capital murder, terroristic threatening, and second-degree battery. Almost ten years later, Appellant filed his second amended petition. The trial court denied the petition, concluding that it had previously addressed and denied Appellant’s claims for postconviction relief. The Supreme Court affirmed because (1) Appellant’s original rule 37.1 petition was denied with prejudice, and the Supreme Court affirmed the denial on appeal; and (2) Appellant was not entitled to file a subsequent, untimely petition. View "Millsap v. State" on Justia Law