McClinton v. State (Per Curiam)Annotate this Case
Appellant was convicted of raping a mentally handicapped sixteen-year-old girl. Appellant was sentenced as a habitual offender to life imprisonment. The Supreme Court affirmed. Thereafter, Appellant filed in the trial court a pro se petition under Ark. R. Crim. P. 37.1 and motion for error coram nobis. On appeal, Appellant argued that his postconviction petition was not untimely, contrary to the trial court’s holding, because the postmark on his petition indicated that it was mailed well before the due date and that the file mark was a clerical error. The Supreme Court affirmed in part and reversed in part, holding (1) under the facts and circumstances of this case, Appellant’s Rule 37.1 and coram-nobis petition should have been filed prior to the filing deadline, and the matter is remanded for the circuit court to file-mark Appellant’s Rule 37.1 petition with the appropriate date; and (2) the trial court properly dismissed Appellant’s coram-nobis petition.