Stewart v. State
2014 Ark. 85
| Ark. | 2014Background
- In 2012, Stewart was convicted by a jury of rape and second-degree assault and sentenced as a habitual offender to life imprisonment, 216 months, and a $10,000 fine; the conviction was affirmed on appeal.
- In 2013, Stewart timely filed in the trial court a postconviction relief petition under Rule 37.1 (2012) to vacate the judgment.
- The petition was denied on June 7, 2013, and Stewart sought review in this court from that order.
- Stewart filed a motion in this court seeking a copy of the record on appeal.
- The court dismissed the appeal as moot, holding Stewart could not prevail and that the petition was not properly verified under Rule 37.1(c).
- The petition lacked the required verification; although the signature was notarized, the petition did not include a sworn verification attesting truth of the facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot and should be dismissed. | Stewart argued for appellate review of the denial of postconviction relief. | State contends the appeal is moot since Stewart could not prevail. | Appeal dismissed; moot. |
| Whether the Rule 37.1 petition was properly verified to confer jurisdiction. | Stewart's petition should be considered despite verification issues. | Petition failed Rule 37.1(c) verification, thus lacked jurisdiction. | Petition not verified; circuit court lacked jurisdiction to consider merits. |
Key Cases Cited
- Paige v. State, 2013 Ark. 135 (Ark. 2013) (appeal from denial of postconviction relief dismissed when without merit; jurisdictional issue)
- Riddell v. State, 2012 Ark. 11 (Ark. 2012) (per curiam; mootness doctrine in postconviction appeals)
- Fowler v. State, 2013 Ark. 340 (Ark. 2013) (verification requirements for Rule 37.1 petitions; per curiam)
- Williamson v. State, 2012 Ark. 170 (Ark. 2012) (jurisdictional effect of unverified petitions in postconviction relief)
- Stephenson v. State, 2011 Ark. 506 (Ark. 2011) (unverified petitions lack jurisdiction)
- Keck v. State, 2013 Ark. 139 (Ark. 2013) (verification and jurisdiction in postconviction petitions)