Legal Opinion · Dissent

Reynolds v. State

Supreme Court of Arkansas

Decided May 9, 2019No. : CR-18-555Published

1DissentRhonda K. Wood, Justice

Appellant, Edward Joseph Reynolds, appeals the circuit court's order denying his petition for postconviction relief under Arkansas Rule of Criminal Procedure 37.1 (2017). The State has filed a motion to dismiss the pending appeal. Because there is no merit to Reynolds' appeal, I would dismiss the appeal and find the State's motion moot.

This court has repeatedly and unanimously held that an appeal from an order for postconviction relief will not be permitted to go forward when it is clear the appellant cannot prevail. See, e.g. , Brown v. State , 2017 Ark. 232, 522 S.W.3d 791 ; Gardner v.…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Reynolds v. StateSupreme Court of Arkansas · 2016
  3. Brown v. StateSupreme Court of Arkansas · 2017
  4. Mister v. State.1Supreme Court of Arkansas · 2014

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