Ortega v. State (Majority, with Concurring and Dissenting)Annotate this Case
The Supreme Court dismissed Appellant’s appeal of the trial court’s denial of his pro se petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37.1, in which Appellant alleged grounds of prosecutorial misconduct, trial court error, and ineffective assistance of counsel. The dismissal of the appeal rendered moot the motion Appellant filed for extension of time to file his brief. The Supreme Court held (1) to the extent Appellant attempted to raise a claim of prosecutorial misconduct, it was not cognizable; (2) Appellant’s allegation of trial court error was not the basis for Rule 37.1 relief; and (3) Appellant’s allegations of deficient performance by trial counsel did not support an ineffective assistance of counsel claim.