Opinion
Delivered October 29, 1990
On May 30, 1989, by Per Curiam order, this court abolished Criminal Procedure Rule 37 and amended Criminal Procedure Rule 36.4, effective July 1, 1989. As we said in Whitmore v. State, 299 Ark. 55, 771 S.W.2d 266 (1989), the primary reason for abolishing Rule 37 was our concern that post-conviction remedies were drawn out extensively, and unnecessarily, before cases were concluded. It was our thought to accelerate post-conviction procedures and at the same time have a system which protects the defendant's constitutional and fundamental rights. Rule 36.4 was amended to provide a means by which a convicted defendant could assert claims of ineffective assistance of counsel within thirty days of judgment. Rule 36.4 also provided a procedure to consolidate the direct appeal of a judgment with the appeal of the denial by the trial court of post-conviction relief. (We would add that other states, such as Missouri, have adopted a similar consolidated direct appeal/post-conviction procedure in an attempt to expedite criminal appeals and post-conviction procedures.) The scope of the remedy afforded by Rule 36.4 was more limited than that which had been afforded by Rule 37.
Members of the bench and bar have offered comments, and we have now had a period of some fifteen months to assess the procedure under Rule 36.4. We realize that any modification has its weaknesses and strengths, but we have presently settled on a procedure we believe will afford defendants their constitutional rights while substantially expediting his or her direct appeal and post-conviction remedies. The procedure is embodied in a modification of Rule 37 which, while it embraces the scope of Rule 37, places some limitations on the remedy which were not formerly a part of the rule; in particular, the time for filing a petition for postconviction relief under the rule has been reduced from three years to ninety days in cases where the defendant pleaded guilty or did not elect to appeal and sixty days where an appeal was taken.
We reinstate Criminal Procedure Rule 37 as modified and publish it in its revised form and amend Criminal Procedure Rule 36.4 and publish it. We also amend Rule 26.1 and publish it. The modified Rule 37 and the amended Rule 26.1(a) and Rule 36.4 shall become effective January 1, 1991.
We invite comments from the bench, bar and public on the revision of Rule 37 and amendment of Rule 26.1 and Rule 36.4. Comments may be addressed to:
Arkansas Supreme Court Attn: Criminal Procedure Rules 37 and 36.4 625 Marshall Street Little Rock, Arkansas 72201