Lamar v. State
Annotate this CaseIn 2001, a jury found Appellant guilty of rape. The Supreme Court affirmed. Later that year, before the appeal was completed, Appellant filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1. The trial court concluded that it would withhold its ruling on the petition until after the appeal was completed pursuant to the rule. The judgment was affirmed, and a mandate was issued. In 2011, Appellant filed a pro se petition to re-initiate the Rule 37.1 proceeding. The trial court denied the petition on the ground that it was not timely filed. Appellant appealed the order. The Supreme Court dismissed the appeal and declared the motion moot, concluding that it was clear from the record that Appellant could not prevail on appeal if the appeal were permitted to go forward. If Appellant desired to proceed under the rule, his petition should have been filed in the trial court within sixty days of the date the mandate was issued following affirmance of the judgment in his case. He did not do so, therefore, the trial court did not have jurisdiction to re-initiate the proceedings from 2001.
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