Douglas v. State

The Supreme Court affirmed in part and reversed in part the decision of the circuit court denying without a hearing Appellant’s petition for postconviction relief pursuant to Ark. R. Crim. P. 37, holding that because the circuit court failed to make written findings in accordance with Rule 37.3(a), the case must be remanded to the circuit court for written findings in compliance with Rule 37.3(a).Appellant was sentenced to a term of life imprisonment for first-degree murder and an additional fifteen years’ imprisonment for possession for a firearm. In his petition for postconviction relief, Appellant argued that trial counsel was ineffective in failing to present the proper jury instructions on justification and extreme emotional disturbance manslaughter. The circuit court denied relief. On appeal, the Supreme Court held (1) the circuit court did not clearly err in denying Appellant’s claim regarding the jury instruction on justification; and (2) the circuit court failed to comply with the dictates of Rule 37 as to Appellant’s claim regarding the jury instruction on extreme emotional disturbance manslaughter, and the case must be remanded for entry of findings with respect to this claim. View "Douglas v. State" on Justia Law