Background
Reginald Featherston was convicted of possessing methamphetamine with purpose to deliver and possessing drug paraphernalia. The Arkansas Court of Appeals previously affirmed his convictions.
After the mandate issued, Featherston filed a verified pro se petition for postconviction relief under Arkansas Rule of Criminal Procedure 37.1. The petition, including exhibits, totaled twenty-two pages. The Hempstead County Circuit Court dismissed it because it exceeded Rule 37.1(b)’s ten-page limit, stating that it “must be dismissed.”
The Court’s Holding
The court reversed and remanded. Although exhibits count toward Rule 37.1(b)’s ten-page limit, making Featherston’s petition noncompliant, the rule says a court may dismiss a noncompliant petition; it does not require dismissal.
By stating that the petition “must” be dismissed, the circuit court showed that it mistakenly believed it lacked discretion. The circuit court may address the petition on its merits, dismiss it without prejudice to a conforming filing, or dismiss it. On remand, it must exercise that discretion. The appellate court did not reach Featherston’s request for an evidentiary hearing.
Key Takeaways
- Rule 37.1’s ten-page limit includes attached exhibits.
- A court may dismiss an overlength Rule 37 petition, but dismissal is discretionary rather than mandatory.
- A court abuses its discretion when it fails to recognize and exercise discretion the rule provides.
Why It Matters
The decision reinforces that procedural limits on Arkansas postconviction petitions must be applied according to the discretion the rules confer. A court cannot treat a permissive dismissal provision as mandatory, even where the petition plainly exceeds the page limit.