Owens v. Hobbs
Annotate this CaseIn 1992, appellant Brenda Owens was found guilty by a jury of capital murder and sentenced to life imprisonment without parole. The Supreme Court affirmed. in 2010, appellant filed in the trial court a pro se petition for writ of habeas corpus pursuant to Ark. Code Ann. 16-112-201, or Act 1780. The court denied the petition. Appellant appealed. Before the Supreme Court were two motions filed by appellant seeking an extension of time to file her brief-in-chief and appointment of counsel. The Court did not reach the merits of the motions because it was evident appellant could not prevail on appeal. The Act requires a motion for relief be made in a timely fashion and provides for a rebuttable presumption against timeliness for a motion not made within thirty-six months of the date of conviction. Because appellant failed to rebut the presumption that her petition under the Act was untimely filed, the Court dismissed the appeal and declared appellant's motions moot.
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