Dunn v. State
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ARKANSAS SUPREME COURT
No.
CR 08-1164
Opinion Delivered
May 14, 2009
PRO SE MOTION FOR
RECONSIDERATION OF DISMISSAL
OF APPEAL [CIRCUIT COURT OF
GRANT COUNTY, CR 98-10, HON.
PHILLIP H. SHIRRON, JUDGE]
CHRISTOPHER LEE DUNN
Appellant
v.
STATE OF ARKANSAS
Appellee
MOTION DENIED.
PER CURIAM
In 2008, appellant Christopher Lee Dunn filed a petition in the trial court for writ of habeas
corpus under Act 1780 of 2001 Acts of Arkansas, codified as Arkansas Code Annotated §§ 16-112201 – 16-112-208 (Repl. 2006). In 1998, appellant had entered guilty pleas to charges of capital
murder and attempted capital murder and received an aggregate sentence of life imprisonment
without parole. The trial court dismissed the Act 1780 petition and this court dismissed the appeal.
Dunn v. State, CR 08-1164 (Ark. Feb. 26, 2009) (per curiam). Appellant has now filed a motion in
which he requests reconsideration of that decision.
As he did in his petition under Act 1780, in his motion for reconsideration, appellant asserts
that he was incompetent at the time of trial. He alleges that the judgment should be overturned on
that basis, and now alleges that the incompetence continues because he was not treated for his
condition. In the motion for reconsideration, he does not explain how the allegedly continuing
incompetence contributed to the delay in bringing his petition for Act 1780 relief, or point to any
basis in his petition for Act 1780 relief upon which the trial court could have found an allegation that
the incompetence contributed to the delay.
Appellant’s motion does not establish a basis to reconsider our holding that appellant’s
petition for Act 1780 relief did not state grounds to overcome the presumption of untimeliness under
section 16-112-202(10). Because appellant has provided no basis for reconsideration, we deny the
motion.
Motion denied.
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