Russell v. State

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ARKANSAS SUPREME COURT No. CACR 05-241 Opinion Delivered ISAAC DEWAYNE RUSSELL Petitioner v. STATE OF ARKANSAS Respondent March 12, 2009 PRO SE MOTION AND AMENDED MOTIONS FOR RECONSIDERATION [CIRCUIT COURT OF PULASKI COUNTY, CR 2003-3247] MOTIONS DENIED. PER CURIAM On December 19, 2008, this court handed down Russell v. State, CACR 05-241 (Ark. Dec. 19, 2008) (per curiam), in which we denied petitioner’s petition and amended petitions to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Therein, we held that petitioner failed to demonstrate that the prosecutor had suppressed material exculpatory evidence, or that a fundamental error of fact existed that was extrinsic to the record and would have prevented the rendition of the judgment had it been known at the time of the trial. Larimore v. State, 327 Ark. 271, 938 S.W.2d 818 (1997). Now before us are petitioner’s pro se motion and amended motions for reconsideration of that decision. In the motions for reconsideration at issue here, petitioner reiterates the same conclusory allegations made in the prior petitions. Petitioner has therefore failed to meet his burden of demonstrating that there was some error of fact or law in the present decision that would merit reconsideration of the denial of the petition and amended petitions to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Motions denied.

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