Winnett v. State
2015 Ark. 134
| Ark. | 2015Background
- Winnett pled guilty to rape in 2007 and was sentenced to 240 months in prison.
- In 2014, Winnett filed two pro se motions labeled as “Motion for a State of Duress” in the trial court.
- The trial court denied both motions in a single order; Winnett appeals from that denial.
- This court adheres to a standard of reversing postconviction denials only for clear error.
- Rule 37.1 governs petitions challenging a judgment entered on a guilty plea; timeliness is mandatory and jurisdictional.
- Appellant’s motions contained collateral attacks mixed with direct challenges; many issues could have been raised at the time of the plea and were untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Winnett’s Rule 37.1 claims timely and cognizable? | Winnett argues for relief under Rule 37.1. | State asserts untimeliness and improper mix of collateral/direct attacks. | Untimely and improper for postconviction relief. |
| Do the direct-challenge claims entitle relief when raised after a guilty plea? | Alleges coercion, bias, lack of Miranda warnings, etc. | Issues could have been raised at plea or are not cognizable under Rule 37.1. | Not grounds for postconviction relief; could have been resolved earlier. |
| Are the motions to file supplemental brief/hearing moot? | Requests for hearing and supplemental briefing on appeal. | No merit to appeal; mootness applies. | Moot. |
| Is Winnett’s independent motion for relief to reduce sentence proper in appellate court? | Seeks sentence reduction based on various asserted rights violations. | No mechanism in appellate procedure to seek sentence modification there. | Dismissed. |
Key Cases Cited
- Conley v. State, 433 S.W.3d 234 (Ark. 2014) (reversal limited to clearly erroneous postconviction rulings)
- Parker v. State, S.W.3d (Ark. 2014) (courts treat mixed collateral/direct attacks under Rule 37.1)
- Livingston v. State, 439 S.W.3d 693 (Ark. 2014) (timeliness jurisdictional for Rule 37.1 petitions after guilty plea)
- Wright v. State, S.W.3d (Ark. 2011) (per curiam timing considerations for Rule 37.1)
- Meek v. State, 2013 Ark. 314 (Ark. 2013) (plea-related claims subject to timely Rule 37.1 petition)
- Wilburn v. State, 441 S.W.3d 29 (Ark. 2014) (per curiam considerations on plea validity claims)
- Murphy v. State, 2013 Ark. 243 (Ark. 2013) (scope of Rule 37.1 post-plea relief)
- Munnerlyn v. State, 2014 Ark. 27 (Ark. 2014) (limitations on collateral attacks after guilty plea)
- Green v. State, 2013 Ark. 455 (Ark. 2013) (claims not brought in the trial court may be procedurally barred)