Green v. State
2014 Ark. 115
Ark.2014Background
- Ronald Deron Green was convicted in 2010 of delivery of cocaine and sentenced to 900 months’ imprisonment.
- The Arkansas Court of Appeals affirmed Green’s conviction on direct appeal.
- Green later pursued postconviction relief alleging ineffective assistance of counsel during sentencing, which the trial court granted and vacated.
- Green was resentenced under a negotiated plea to 420 months’ imprisonment, with 805 days’ jail-time credit reflected in the November 20, 2012 order.
- On April 9, 2013, Green moved for an amended sentence or correction of the sentencing order to reflect 785 days of earned good-time; the trial court denied the motion.
- Green appealed the denial and sought an extension of time to file his brief-in-chief; the Supreme Court dismissed the appeal as moot for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to hear postconviction relief petition | Green sought relief based on good-time credits | State argues petition was untimely under Rule 37.2 | Untimely; trial and appellate court lacked jurisdiction; appeal dismissed as moot. |
| Effect of meritorious good time on sentence | Green contends earned good time should be reflected in the sentencing order | State argues good time affects transfer-eligibility, not sentence length | Meritorious good time does not reduce sentence; affects transfer-eligibility date. |
Key Cases Cited
- Holliday v. State, 2013 Ark. 47 (Ark. 2013) (postconviction relief timeliness and lack of jurisdiction)
- Bates v. State, 2012 Ark. 394 (Ark. 2012) (per curiam; timeliness issues in postconviction relief)
- Martin v. State, 2012 Ark. 312 (Ark. 2012) (per curiam; timeliness and jurisdictional constraints)
- Gardner v. Hobbs, 2013 Ark. 439 (Ark. 2013) (meritorious good time does not reduce sentence; affects transfer-eligibility)
- Pitts v. Hobbs, 2013 Ark. 457 (Ark. 2013) (parole eligibility is ADC’s province; good time does not alter sentence length)
- Stanley v. State, 2013 Ark. 483 (Ark. 2013) ( Rule 37.2 timing is jurisdictional; failure defeats relief)
- Talley v. State, 2012 Ark. 314 (Ark. 2012) (per curiam; Rule 37.2 timing issues)
- Pineda v. Norris, 2009 Ark. 471 (Ark. 2009) (modification of sentence can be raised under Rule 37.1)