Maxwell v. State

767 S.W.2d 303 (1989)

298 Ark. 329

James MAXWELL, Appellant,

v.

STATE of Arkansas, Appellee.

No. CR 88-75.

Supreme Court of Arkansas.

April 3, 1989.

Marc A. Kline, Little Rock, for appellant.

Theodore Holder, Asst. Atty. Gen., Little Rock, for appellee.

HAYS, Justice.

This appeal from the denial of a Rule 37 petition raises the question whether the petition was timely under A.R.Cr.P. 37.2(c) which requires filing within three years, unless the grounds for relief would render the conviction absolutely void.

Appellant James Maxwell was charged with capital felony murder and on February 21, 1980, he pled…