Makkali v. State (Majority, with Dissenting)
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The Supreme Court affirmed the order of the circuit court denying Appellant's pro se petition for writ of habeas corpus pursuant to Act 1780 of 2001, Ark. Code Ann. 16-112-201 to -208, holding that because Appellant had already raised the same issue in an earlier petition, the circuit court did not err when it declined to grant the writ.
In 1992, Appellant was found guilty of rape and theft of a van and sentenced to forty years' imprisonment. In 2015, Appellant filed his first habeas petition seeking testing on vaginal swabs of the victim. The circuit court denied relief, and the Supreme Court affirmed. In 2018, Appellant filed a second petition for writ of habeas corpus again seeking DNA testing of a vaginal swab recovered from the victim. The circuit court denied relief. The Supreme Court affirmed, holding that where Appellant already raised his claim to the circuit court and it was rejected on appeal, he was not entitled to relief on the same allegation in the subsequent petition.
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