Wallace v. State
Annotate this CaseAppellant was convicted by a jury of kidnapping, rape, and burglary. The Supreme Court affirmed Appellant's convictions. Many years later, Appellant filed a petition to vacate or set aside the judgment, alleging his actual innocence and requesting relief pursuant to Ark. Code Ann. 16-112-201. The circuit court denied Appellant's petition, finding that Appellant failed to rebut the presumption of timeliness and failed to meet the requirements of the statute. Appellant appealed, contending that (1) the circuit court denied him of due process of law by denying his petition without first holding an evidentiary hearing; (2) the circuit court erred in finding that his petition failed to properly state a claim for relief, was untimely, and was not properly verified or made under penalty of perjury; and (3) he was entitled to a default judgment on his petition. The Supreme Court affirmed the circuit court, holding (1) Appellant's due process claim was not preserved for appellate review; (2) the circuit court properly denied Appellant's petition for relief; and (3) Appellant was not entitled to a default judgment on his opinion.
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