Kenneth Ray Kindall a/k/a Kenneth Ray Kendal v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

June 14, 2001

KENNETH RAY KINDALL

a/k/a Kenneth Ray Kendal

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 86-222

PRO SE PETITION TO PROCEED IN CIRCUIT COURT PURSUANT TO CRIMINAL PROCEDURE RULE 37 [CIRCUIT COURT OF JEFFERSON COUNTY, NO. CR 86-407-2]

PETITION DISMISSED

In 1986, Kenneth Ray Kindall, who is also known as Kenneth Kendal, was found guilty by a jury of burglary, aggravated robbery, and rape. He was sentenced to an aggregate term of imprisonment of life and twenty years. We affirmed. Kendal v. State, 292 Ark. 173, 729 S.W.2d 1 (1987). In 1996, Kindall filed a petition here seeking relief pursuant to our postconviction rule, Criminal Procedure Rule 37.1 When petitioner Kindall was convicted in 1986, Criminal Procedure Rule 37 required that a petition for postconviction relief from a judgment be filed within three years of the date the judgment was entered, unless some ground was sufficient to render the judgment absolutely void. York v. State, 295 Ark. 163, 747 S.W.2d 102 (1988); Travisv. State, 286 Ark. 26, 688 S.W.2d 935 (1985). A ground sufficient to render a judgment void is a ground so fundamental that the judgment is a complete nullity such as a judgment obtained in a court without jurisdiction. Jeffers v. State, 301 Ark. 590, 786 S.W.2d 114 (1990). Kendall showed no ground sufficient to void the judgment, and his petition was denied. Kindall v. State, CR 86-222 (March 3, 1997).

Kindall now again seeks leave from this court to proceed in circuit court pursuant to Criminal Procedure Rule 37. The petition is dismissed pursuant to Rule 37.2 (c) which limits the petitioner to one petition under the rule, unless the original petition was denied without prejudice to filing a second petition. Williams v. State, 273 Ark. 315, 619 S.W.2d 628 (1981). When this court denied petitioner's Rule 37 petition in 1997, we did so with prejudice to filing a subsequent petition.

Petition dismissed.

1 Prior to July 1, 1989, a petitioner whose judgment of conviction had been affirmed on appeal was required to petition this court for relief under Criminal Procedure Rule 37 and gain leave from this court to proceed under the rule in the circuit court before filing a petition there. The rule was revised effective January 1, 1991, to allow all petitioners to file for postconviction relief directly in the trial court without having first garnered permission from this court.