Davis v. State

In 1998, Elton Lee Davis entered an Afford-type plea 1 of guilty to two counts of rape and two counts of incest. He was sentenced to fifteen years’ imprisonment with five years suspended for the rape charges, and five years’ imprisonment with five years suspended for the incest charges. Appellant subsequently filed a petition for a writ of habeas corpus, which the Lincoln County Circuit Court denied. We affirmed. Davis v. State, 01-373 (Ark. Jan. 31, 2002) (per curiam).

In 2005, appellant filed in the trial court a pro se petition to vacate and set aside the judgment against him pursuant to…