EDMOND MCCLINTON, JR. APPELLANT
STATE OF ARKANSAS APPELLEE
APPEAL FROM THE JEFFERSON COUNTY CIRCUIT COURT [NO.
35CR-12-106] HONORABLE JODI RAINES DENNIS, JUDGE
IN PART; REVERSED AND REMANDED IN PART.
McClinton, Jr., pro se appellant.
Rutledge, Att'y Gen., by: Christian Harris, Ass't
Att'y Gen., for appellee
Edmond McClinton, Jr. was convicted of raping a mentally
handicapped, sixteen-year-old girl and was sentenced as a
habitual offender to a term of life imprisonment. His
conviction and sentence were affirmed by this court.
McClinton v. State, 2015 Ark. 245, 464 S.W.3d 913,
cert. Denied, ___ U.S.___, 136 S.Ct. 367 (2015). The
mandate issued on July 23, 2015. On September 22, 2015,
McClinton filed in the trial court a pro se petition under
Arkansas Rule of Criminal Procedure 37.1 (2015) and motion
for error coram nobis. On November 18, 2015, the trial court
dismissed the petition for postconviction relief and
coram-nobis relief, and McClinton lodged an appeal from the
appeal, McClinton contends that his postconviction petition
was not untimely as the trial court held because the postmark
on his petition indicates it was mailed on September 16,
2015, well before the September 21, 2016 due-date, and that
the file-mark of September 22, 2015, is a clerical error. He
further contends he is entitled to coram-nobis relief because
his conviction "rest[ed] upon errors of fact[, ]"
including that there was no evidence or signs of sexual
intercourse; the police-evidence log did not have the DNA
used at trial in its records; there was no probable cause
supporting his arrest; evidence should have been suppressed;
he did not have a preliminary hearing after his arrest; his
counsel refused to argue various violations of his
due-process rights and counsel was otherwise ineffective; and
the jury "convicted [him] without burden of proof."
37.2(c) requires that, when an appeal was taken of the
judgment of conviction, a petition under the Rule must be
filed in the trial court within sixty days of the date the
mandate is issued by the appellate court. Ark. R. Crim. P.
37.2(c)(ii); see Hunt v. State, 2016 Ark. 168 (per
curiam) (Petitioner's Rule 37.1 petition was untimely
filed on the sixty-first day after the mandate issued.). The
time requirements are mandatory, and, when a petition under
Rule 37.1 is not timely filed, a trial court shall not grant
postconviction relief. Hunt, 2016 Ark. 168; see
Joslin v. State, 2015 Ark. 328 (per curiam).
this court adopted limited implementation of the
prison-mailbox rule through amendments to Rule 37 effective
September 1, 2015, as McClinton indicates, a petition under
Rule 37.1 is not deemed filed on the date an incarcerated
inmate deposited his or her petition in the prison
facility's legal mail system unless conditions that are
set out in the Rule have been satisfied. See Anderson v.
Kelley, 2016 Ark. 46 (per curiam); see also In re
Ark. Sup. Ct. Comm. on Criminal Practice-Ark. R. App.
P.-Crim. 2 & Ark. R. Crim. P. 37.2, 2015 Ark. 296
(per curiam). Those requirements under Rule 37.2(g) include:
on the date the petition is deposited in the mail, the
petitioner is confined in a state correctional facility, a
federal correctional facility, or a regional or county
detention facility that maintains a system designed for legal
mail; the petition is filed pro se; the petition is deposited
with first-class postage prepaid, addressed to the clerk of
the circuit court; and the petition contains a notarized
statement by the petitioner in the form as follows:
I declare under penalty of perjury:
that I am incarcerated in ___ [name of facility];
that I am filing this petition pro se;
that the petition is being deposited in the facility's
legal mail ...