Evans v. State (Majority)
Annotate this CaseIn 1996, Appellant was convicted of rape and first-degree sexual abuse. The Supreme Court affirmed. In 2012, more than fourteen years after the judgment was affirmed, Appellant filed a pro se motion seeking a new trial, raising several claims of error. The motion was denied on the ground that it was an untimely and unverified petition for postconviction relief. The Supreme Court dismissed Appellant's appeal and declared the motions related to the appeal moot, holding (1) the trial court correctly treated Appellant's motion for new trial as an untimely petition for postconviction relief; (2) Appellant's claims of ineffective assistance of counsel were cognizable under Ark. R. Crim. P. 37.1 and should have been raised in a timely petition under the rule; (3) Appellant's assertions that he was denied his constitutional rights were waived; and (4) Appellant's allegation that the evidence was insufficient to sustain the judgment was not cognizable in a postconviction proceeding.
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