Ralph Douthitt v. State of Arkansas
Annotate this Case
Download PDF
ARKANSAS SUPREME COURT
No. CR 07527
Opinion Delivered
December 13, 2007
PRO SE MOTION TO FILE REPLY
BRIEF AND SUPPLEMENTAL
ADDENDUM [CIRCUIT COURT OF
INDEPENDENCE COUNTY, CR 9558,
HON. JOHN DAN KEMP, JUDGE]
RALPH DOUTHITT
Appellant
v.
STATE OF ARKANSAS
Appellee
APPEAL DISMISSED; MOTION MOOT
PER CURIAM
In 1995, appellant Ralph Douthitt was convicted by a jury of multiple counts of felony rape,
incest and violation of a minor and sentenced to 174 years’ imprisonment. We affirmed. Douthitt
v. State, 326 Ark. 794, 935 S.W.2d 241 (1996).
In 2006, appellant filed in the trial court a pro se petition pursuant to Act 1780 of 2001, as
amended by Act 2250 of 2005 and codified as Ark. Code Ann. §§16112201–16112208 (Repl.
2006). The act provides that a writ of habeas corpus can issue based upon new scientific evidence
proving a person actually innocent of the offense or offenses for which he or she was convicted. The
trial court denied the petition and this court dismissed the appeal on the ground that it was clearly
without merit. Douthitt v. State, 366 Ark. 579, ___ S.W.3d ___ (2007) (per curiam).
In 2007, appellant filed in the trial court a pro se “second or successive petition to vacate
and/or set aside judgment” pursuant to Act 1780. The trial court denied the petition without a
hearing, and appellant has lodged an appeal here from the order.
Now before us is appellant’s pro se motion to file a reply brief and supplemental addendum.
We need not consider the motion as it is apparent that appellant could not prevail in this appeal if it
were permitted to go forward. Accordingly, we dismiss the appeal and hold the motion moot. An
appeal from an order that denied a petition for postconviction relief will not be permitted to go
forward where it is clear that the appellant could not prevail. Pardue v. State, 338 Ark. 606, 999
S.W.2d 198 (1999) (per curiam); Seaton v. State, 324 Ark. 236, 920 S.W.2d 13 (1996) (per curiam).
Act 1780 involves scientific testing of evidence introduced at trial. See Ark. Code Ann. § 16
112103(a)(1) (Repl. 2006) and sections 16112201–12112208; see also Echols v. State, 350 Ark.
42, 84 S.W.3d 424 (2002) (per curiam) (decision under prior law). A number of predicate
requirements must be met under Act 1780 before a circuit court can order that testing be done. See
sections 16112201–16112203.
Here, the trial court dismissed appellant’s Act 1780 petition pursuant to section 16112
205(d), which states:
The court may summarily deny a second or successive petition for similar relief on behalf of
the same petitioner and may summarily deny a petition if the issues raised in it have previously
been decided by the Arkansas Court of Appeals or the Arkansas Supreme Court in the same
case.
In the previous petition filed under the act, appellant claimed that the evidence used to convict him
was obtained as a result of an unconstitutional search and seizure. In the instant petition, appellant
sought to use scientific testing to prove that the search conducted by the police was initiated prior
to authorization of the search by the victim and was unconstitutional. Because appellant has
previously raised the issue of an unconstitutional search and seizure in his prior Act 1780 petition and
has made the same argument in the instant petition, the trial court did not err in denying a successive
petition for similar relief.
2
Moreover, this argument presents a basis for summary denial of the Act 1780 petition. Claims
pertaining to the admissibility of evidence are not within the purview of a proceeding under the
statute. Also, appellant’s evidentiary argument does not involve actual scientific testing of specific
evidence that was introduced at trial to secure appellant’s conviction, pursuant to section 16112202
(1).
Appeal dismissed; motion moot.
3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.