Supreme Court of Arkansas

Richard W. Green, Appellant v. State of Arkansas, Appellee

November 10, 20162016 Ark. LEXIS 319

Summary

The Supreme Court of Arkansas dismissed Richard Green's appeal from the denial of his 2014 petition for writ of error coram nobis, concluding he could not prevail because his claims attacking his 1979 natural-life sentence for first-degree murder failed for lack of due diligence, rested on non-cognizable ineffective-assistance and trial-error theories, were conclusory, or fell outside the four categories of fundamental error warranting the writ. The court held that a sentence of imprisonment for the rest of one's natural life is indistinguishable from a life sentence and not illegal on its face, that erroneous parole-eligibility advice does not render a plea coerced, and that fingerprints on a gun Green admitted borrowing from Glen Briner were neither material nor exculpatory and would not have prevented rendition of the judgment. The dismissal rendered Green's pending pro se motions moot.