Kenneth Ray Oden v. State of Arkansas
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ARKANSAS SUPREME COURT
No.
CR 08-125
Opinion Delivered May 22, 2008
KENNETH RAY ODEN
Appellant
v.
PRO SE MOTION FOR
RECONSIDERATION OF DISMISSAL
OF APPEAL [CIRCUIT COURT OF
GREENE COUNTY, CR 2005-227,
HON. JOHN N. FOGLEMAN, JUDGE]
STATE OF ARKANSAS
Appellee
MOTION DENIED.
PER CURIAM
Now before us is appellant’s pro se motion for reconsideration of the dismissal of this appeal
handed down on April 10, 2008. Oden v. State, CR 08-125 (Ark. Apr. 10, 2008) (per curiam). The
appeal was dismissed because the petition under Ark. R. Crim. P. 37.1 was unverified. Appellant
asks this court to recognize that the trial court did not deny the petition based on lack of verification.
On this basis, he seeks reconsideration of our decision. Alternatively, he asks that this matter be
remanded to the trial court to allow him to file a verified Rule 37.1 petition.
Appellant has failed to meet his burden of demonstrating that there was some error of fact
or law in the decision that would merit reconsideration of the dismissal of the appeal. The Rule 37.1
petition was not properly verified in accordance with Ark. R. Crim. P. 37.1(d). Morris v. State, 365
Ark. 217, 226 S.W.3d 790 (2006) (per curiam). As such, appellant could not be granted
postconviction relief. Further, any future Rule 37.1 petition filed in the trial court would be
untimely under Ark. R. Crim. P. 37.2(c), and the trial court would lack jurisdiction to consider the
matter.
Motion denied.
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