Marshall v. State (Majority)Annotate this Case
Petitioner, who was convicted on charges of kidnapping, rape, and murder, filed a pro se petition for scientific testing under Act 1780 of 2001 Acts of Arkansas. Petitioner filed a petition for leave to proceed in forma pauperis on the Act 1780 petition on the same date. The circuit court denied the Act 1780 habeas petition and found that the in forma pauperis petition was denied “due to venue issues.” Petitioner filed a notice of appeal. The clerk, however, declined to file the record on the basis that it was not tendered within ninety days of the notice of appeal. Petitioner then filed a pro se motion for belated appeal in the Supreme Court. The court treated Petitioner’s motion as one for rule on clerk and denied the motion, holding that Petitioner could not prevail on appeal because he failed to state a basis on which the trial court could have ordered scientific testing under the statutes.