Mahmoud v. State (Majority)
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The Supreme Court affirmed the judgment of the trial court dismissing Appellant's pro se petition for writ of habeas corpus filed pursuant to Act 1780 of 2001, Ark. Code Ann. 16-1120-201 to -208, holding that Appellant failed to establish that he was entitled to relief.
Appellant entered a plea of guilty to residential burglary, rape, and other crimes. More than twenty years after he was convicted, Defendant filed this habeas petition, asserting that he was innocent and seeking DNA testing. The trial court denied the petition. The Supreme Court affirmed, holding (1) Appellant failed to rebut the presumption against timeliness; and (2) Appellant failed to make a prima facie showing that he was entitled to new scientific testing.
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