Mason v. State
2014 Ark. 29
| Ark. | 2014Background
- Mason was convicted of second-degree murder in 2011 and sentenced as a habitual offender to 540 months' imprisonment.
- The Arkansas Court of Appeals affirmed Mason's conviction in Mason v. State, 2013 Ark. App. 48.
- Mason timely filed a postconviction relief petition under Rule 37.1 (2011), and the petition was denied after a hearing.
- Mason appealed to the Supreme Court from the postconviction order.
- Mason sought a transcript copy and an extension of time to file his brief in this appeal.
- The court dismissed the appeal as moot because the petition was not verifiably compliant with Rule 37.1(c) and the circuit court lacked jurisdiction to decide on an unverified petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Rule 37.1 petition was properly verified. | Mason:**argues petition/verification issue was improperly handled. | State: petition lacked proper verification under Rule 37.1(c). | Yes; petition was not verified as required, depriving jurisdiction. |
| Whether lack of verification bars judicial consideration and jurisdiction. | Mason contends petition should proceed despite procedural flaws. | State: unverified petition cannot confer jurisdiction; court should dismiss. | Yes; lack of verification bars jurisdiction and the appeal must be dismissed. |
| Whether the appeal is moot given disposition of the Rule 37.1 petition. | Mason seeks relief from postconviction denial via appeal. | State: appeal moot since petition unverified and relief unavailable. | Appeal dismissed as moot. |
Key Cases Cited
- Paige v. State, 2013 Ark. 135 (Ark. 2013) (per curiam; unverified petitions may lack jurisdiction)
- Riddell v. State, 2012 Ark. 11 (Ark. 2012) (per curiam; jurisdictional limits of Rule 37.1 petitions)
- Fowler v. State, 2013 Ark. 340 (Ark. 2013) (per curiam; jurisdictional considerations for petitions)
- Martin v. State, 2012 Ark. 312 (Ark. 2012) (verifications required to avoid perjury; lack of verification defeats jurisdiction)
- Williamson v. State, 2012 Ark. 170 (Ark. 2012) (per curiam; unverified petitions improper)
- Stephenson v. State, 2011 Ark. 506 (Ark. 2011) (per curiam; verification requirements in Rule 37.1)
- Hatton v. State, 2012 Ark. 286 (Ark. 2012) (per curiam; attachments do not cure lack of verification)
- Murry v. State, 2011 Ark. 343 (Ark. 2011) (jurisdictional consequences of noncompliant petitions)