petition without hearing (Arkansas) · Go Syfert
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petition without hearing in Arkansas

19 Arkansas opinions name it 1 courts 1983–2023 1 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Greene v. Stategreen
ark · 2004 · cited in 3 Arkansas opinions naming this issue, 2016–2016
2 sentences

2016Greene v. State, 356 Ark. 59, 65 , 146 S.W.3d 871, 877 (2003).

2016Greene v. State, 356 Ark. 59, 65 , 146 S.W.3d 871, 877 (2003).

33
Williams v. Stategreen
ark · 2019 · cited in 2 Arkansas opinions naming this issue, 2019–2023
2 sentences

2023Id.; see also Williams v. State, 2019 Ark. 129 , 571 S.W.3d 921 .

2023Id.; see also Williams v. State, 2019 Ark. 129 , 571 S.W.3d 921 .

22
Robinson v. Stategreen
ark · 2014 · cited in 1 Arkansas opinions naming this issue, 2017–2017
2 sentences

2017See Robinson v. State, 2014 Ark. 310 , 439 S.W.3d 32 (per curiam) (This court may affirm the denial of a Rule 37.1 petition, regardless of the adequacy of the order, when the allegations in the petition are such that it is conclusive on the face of the petition that no relief is warranted.).

2017See Robinson v. State, 2014 Ark. 310 , 439 S.W.3d 32 (per curiam) (This court may affirm the denial of a Rule 37.1 petition, regardless of the adequacy of the order, when the allegations in the petition are such that it is conclusive on the face of the petition that no relief is warranted.).

11
Guevara v. Stategreen
ark · 2014 · cited in 1 Arkansas opinions naming this issue, 2015–2015
1 sentence

2015See, e.g., Guevara v. State, 2014 Ark. 200 ; Sales v. State, 2013 Ark. 218 ; Simmons v. State, 2012 Ark. 58 (per curiam). 3 Cite as 2015 Ark. 112 It is well settled that this court does not reverse the denial of postconviction relief unless the circuit court’s findings are clearly erroneous.

11
Sales v. Stategreen
ark · 2014 · cited in 1 Arkansas opinions naming this issue, 2015–2015
2 sentences

2015See Sales v. State, 2014 Ark. 384 , 441 S.W.3d 883 .

2015See Sales v. State, 2014 Ark. 384 , 441 S.W.3d 883 .

11
Buchanan v. Hobbsgreen
ark · 2014 · cited in 1 Arkansas opinions naming this issue, 2014–2014
1 sentence

2014See Buchanan v. Hobbs, 2014 Ark. 105 , 2014 WL 891006 (per curiam).

11
Brown v. Stategreen
ark · 1987 · cited in 1 Arkansas opinions naming this issue, 2000–2000
2 sentences

2000Stewart v. State, 295 Ark. 48 , 746 S.W.2d 58 (1988); see also Brown v. State, 291 Ark. 143 , 722 S.W.2d 845 (1987) (trial court must look at entire record when denying a petition without a hearing).

2000Stewart v. State, 295 Ark. 48 , 746 S.W.2d 58 (1988); see also Brown v. State, 291 Ark. 143 , 722 S.W.2d 845 (1987) (trial court must look at entire record when denying a petition without a hearing).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2015Sims now appeals, challenging the circuit court’s findings and the court’s failure to hold a hearing. ' On review, we assess the effectiveness of counsel under the two-prong standard set 1¡¡forth by the Supreme Court of the United States in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

2015Sims now appeals, challenging the circuit court’s findings and the court’s failure to hold a hearing. ' On review, we assess the effectiveness of counsel under the two-prong standard set 1¡¡forth by the Supreme Court of the United States in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

32007–2015
Bryant v. State green
ark · 2019
2 sentences

2019Bryant, 2019 Ark. 183 , 575 S.W.3d 547 .

2019Bryant, 2019 Ark. 183 , 575 S.W.3d 547 .

12019–2019
Dixon v. State green
ark · 1977
2 sentences

2016The origin of this line of reasoning is Dixon v. State, 260 Ark. 857 , 545 S.W.2d 606 (1977), where this court stated, “We adopt 7 Cite as 2016 Ark. 350 The State admits that it failed to disclose two videos, one of which was a Taser video made by Detective Mike McCoy.

2016The origin of this line of reasoning is Dixon v. State, 260 Ark. 857 , 545 S.W.2d 606 (1977), where this court stated, “We adopt 7 Cite as 2016 Ark. 350 The State admits that it failed to disclose two videos, one of which was a Taser video made by Detective Mike McCoy.

12016–2016
Turner v. State green
ark · 2016
1 sentence

2016Turner contends on appeal that the circuit court erred in denying his petition for postconviction relief because (1) trial counsel was ineffective in failing to object to certain statements made by the prosecutor during closing argument, and (2) trial counsel was Cite as 2016 Ark. 96 ineffective in failing to make a motion to dismiss for lack of a speedy trial and in failing to make an adequate record that the time for speedy trial had run before the trial started.

12016–2016
Van Winkle v. State green
ark · 2016
1 sentence

2016Van Winkle now appeals, arguing four points in support of reversal: (1) that his trial counsel was ineffective for failing to present his only viable defense, which is that he was actually innocent; (2) that his trial counsel was ineffective for failing to move for a change of venue; (3) that his sentence for employing a firearm in the commission of an offense is void as both Cite as 2016 Ark. 98 structural error and ineffective assistance of trial counsel; and (4) that the circuit court erred in denying his request for a hearing.

12016–2016
Thacker v. State green
ark · 2016
1 sentence

2016The origin of this line of reasoning is Dixon v. State, 260 Ark. 857 , 545 S.W.2d 606 (1977), where this court stated, “We adopt 7 Cite as 2016 Ark. 350 The State admits that it failed to disclose two videos, one of which was a Taser video made by Detective Mike McCoy.

12016–2016
Beverage v. State green
ark · 2015
1 sentence

2015See, e.g., Guevara v. State, 2014 Ark. 200 ; Sales v. State, 2013 Ark. 218 ; Simmons v. State, 2012 Ark. 58 (per curiam). 3 Cite as 2015 Ark. 112 It is well settled that this court does not reverse the denial of postconviction relief unless the circuit court’s findings are clearly erroneous.

12015–2015
Johnson v. State green
ark · 2014
1 sentence

2014Johnson now appeals Cite as 2014 Ark. 74 the denial of postconviction relief.

12014–2014
Sanders v. State green
ark · 2003
2 sentences

2004This court recently addressed a petitioner’s right to an evidentiary hearing in a death-sentence case, Sanders v. State, 352 Ark. 16 , 98 S.W.3d 35 (2003), where we explained that Rule 37.3 clearly grants the trial court discretion to decide whether the files and records are sufficient to address the petition without a hearing.

2004This court recently addressed a petitioner’s right to an evidentiary hearing in a death-sentence case, Sanders v. State, 352 Ark. 16 , 98 S.W.3d 35 (2003), where we explained that Rule 37.3 clearly grants the trial court discretion to decide whether the files and records are sufficient to address the petition without a hearing.

12004–2004
Stewart v. State neutral
ark · 1988
2 sentences

2000Stewart v. State, 295 Ark. 48 , 746 S.W.2d 58 (1988); see also Brown v. State, 291 Ark. 143 , 722 S.W.2d 845 (1987) (trial court must look at entire record when denying a petition without a hearing).

2000Stewart v. State, 295 Ark. 48 , 746 S.W.2d 58 (1988); see also Brown v. State, 291 Ark. 143 , 722 S.W.2d 845 (1987) (trial court must look at entire record when denying a petition without a hearing).

12000–2000
Stevens v. State green
ark · 1977
2 sentences

1983In Stevens v. State, 262 Ark. 216 , 555 S.W.2d 229 (1977), we considered a Rule 37 petition for relief when the trial court had denied the petition without a hearing.

1983In Stevens v. State, 262 Ark. 216 , 555 S.W.2d 229 (1977), we considered a Rule 37 petition for relief when the trial court had denied the petition without a hearing.

11983–1983

Statutes the citing opinions construe

AR § Ark. Code Ann. § 5-1-110 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 680 (1958–2026) TN 188 (1921–2026) OH 90 (1980–2026) NY 83 (1962–2023) CA 54 (1984–2025) IL 24 (1967–2025) AR 19 (1983–2023) MD 16 (1958–2022) HI 13 (1987–2025) IN 12 (1977–2021) MN 9 (1962–2025) GA 6 (1981–2020) WV 6 (2012–2022) FL 6 (1967–2016) MT 5 (2013–2024) AZ 5 (2015–2022) ID 4 (1985–2017) CO 4 (1994–1995) MA 3 (1972–2025) NJ 3 (1963–2018) MS 3 (1997–2019) MO 3 (1966–2003) NM 3 (1999–2009) NH 2 (2009–2011) CT 2 (2018–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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