Opinion
Delivered November 29, 2001
The Arkansas Supreme Court Committee on Criminal Practice has recommended an amendment to Rule 37.5(b)(1)(A) of the Rules of Criminal Procedure in response to the adoption of Rule 10 of the Arkansas Rules of Appellate Procedure — Criminal (Automatic Review in Death Cases). See In Re: Amendment to Rule 10 , 345 Ark. Appx. (July 9, 2001). Because of the adoption of Rule 10, certain language in Rule 37.5 (b)(1)(A) became obsolete.
We agree with the Committee's recommendation and adopt, effective immediately, the amendment to Rule 37.5 (b)(1)(A) as republished below.
We express our gratitude to the members of the Criminal Practice Committee for their work on this matter.
Rule 37.5. Special rule for persons under sentence of death.
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(b) Requirement of Hearing on Appointment of Attorney.
"Line-in, line-out" version of Rule 37.5 (b)(1)(A) to illustrate changes:
Upon affirmance of a sentence of death by the Supreme Court of Arkansas, the clerk of the court shall forward a copy of the mandate to the circuit court that imposed the sentence of death and to the Attorney General. The circuit court shall conduct a hearing to consider the appointment of an attorney to represent the person in post-conviction proceedings under this rule. If the Supreme Court affirms a sentence of death or affirms the trial court's finding of competency to waive an appeal from a sentence of death, the hearing shall be held not later than twenty-one (21) days after the mandate is issued by the Supreme Court.If an appeal is taken from the sentence of death but later dismissed by the Supreme Court, the hearing shall be held not later than twenty-one (21) days after the date the appeal is dismissed. If a timely notice of appeal is filed with the trial court but the trial record is never lodged in the Supreme Court, the hearing shall be held not later than twenty-one (21) days after the last date for lodging the trial record in the Supreme Court. If no timely notice of appeal is filed, the hearing shall be held not later than twenty-one (21) days after the last date on which a notice of appeal could have been filed.
(1)(A) Upon affirmance of a sentence of death by the Supreme Court of Arkansas, the clerk of the court shall forward a copy of the mandate to the circuit court that imposed the sentence of death and to the Attorney General. The circuit court shall conduct a hearing to consider the appointment of an attorney to represent the person in post conviction proceedings under this rule. If the Supreme Court affirms a sentence of death, the hearing shall be held not later than twenty-one (21) days after the mandate is issued by the Supreme Court.