Williford v. State
2014 Ark. 86
Ark.2014Background
- In 1987, petitioner Williford pled guilty to two burglary and two theft counts in Faulkner County, with ten years probation.
- In 2010, Williford filed pro se coram nobis petitions in Nos. 23CR-87-70 and 23CR-87-71.
- The trial court denied relief on August 29, 2012.
- Williford then moved for reconsideration on June 6, 2013; denial followed on June 14, 2013.
- Williford appealed the June 14, 2013 denial; the time to appeal the August 29, 2012 order was not extended by the reconsideration per McJames v. State.
- The record on appeal was rejected by the clerk, and Williford seeks a belated appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the coram-nobis petition was moot. | Williford argues belated relief may proceed. | State contends moot because sentence served. | Yes, moot; relief not available. |
| Whether a belated appeal is permissible despite mootness. | Belated appeal should be allowed despite moot issues. | Mootness bars appeal; no remedy available. | Belated appeal denied as moot; petition dismissed. |
Key Cases Cited
- Edwards v. State, 2013 Ark. 517 (Ark. 2013) (per curiam; coram-nobis relief moot when no merit to petition)
- Demeyer v. State, 2013 Ark. 456 (Ark. 2013) (per curiam; postconviction relief mootness)
- Morgan v. State, 2013 Ark. 341 (Ark. 2013) (per curiam; belated appeal considerations)
- Hayden v. State, 2013 Ark. 275 (Ark. 2013) (mootness where sentence served)
- Smith v. State, 2011 Ark. 306 (Ark. 2011) (coram-nobis moot if sentence served)
- Penn v. State, 282 Ark. 571 (Ark. 1984) (coram-nobis relief and judgments)
- Webb v. State, 2009 Ark. 497 (Ark. 2009) (per curiam; mootness considerations)
- Anderson v. State, 352 Ark. 36 (Ark. 2003) (per curiam; mootness/relief standards)