Ewells v. State
2014 Ark. 351
| Ark. | 2014Background
- Damont Ewells was convicted in 2007 of two counts of possession with intent to deliver and sentenced as a habitual offender to 756 months; Arkansas Court of Appeals affirmed.
- Ewells filed a timely pro se Rule 37.1 petition in 2010, which was denied; his appeal was dismissed as futile.
- On January 16, 2014, Ewells filed a second Rule 37.1 petition; the trial court dismissed it as untimely for lack of jurisdiction.
- Ewells appealed the dismissal and sought an extension to file his brief and a copy of the record.
- He argued Martinez v. Ryan and Trevino v. Thaler supported his ability to proceed because he lacked counsel for his original postconviction petition.
- The Supreme Court of Arkansas found the 2014 petition untimely and concluded the trial court (and therefore the appellate court) lacked jurisdiction; appeal dismissed and motions rendered moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second Rule 37.1 petition was timely and whether the courts had jurisdiction | Ewells argued Martinez/Trevino excuse his procedural default because he lacked counsel on his first Rule 37.1 petition | State argued the petition was untimely under Rule 37.2(c) and thus jurisdictionally barred | Court held the petition was untimely under Rule 37.2(c); trial court lacked jurisdiction; appeal dismissed |
| Whether Martinez/Trevino required the trial court to reach the merits despite untimeliness | Ewells asserted federal precedents allow review of ineffective-assistance claims where state collateral counsel was absent or ineffective | State argued Martinez/Trevino do not authorize relief where state Rule 37 requires dismissal for untimeliness and the dismissal is jurisdictional | Court held Martinez/Trevino do not compel a merits ruling when the state court lacks jurisdiction due to untimeliness; petitioner could not prevail |
Key Cases Cited
- Martinez v. Ryan, 566 U.S. 1 (2012) (establishes limited equitable exception to procedural default when petitioner lacked counsel in initial-review collateral proceeding)
- Trevino v. Thaler, 569 U.S. 413 (2013) (extends Martinez to certain systems where collateral review is the likely vehicle for ineffective-assistance claims)