Barrow v. State (Majority)Annotate this Case
Appellant Kenneth Barrow was found guilty of sexual indecency with a child, second-degree sexual assault, rape, and first-degree terroristic threatening. The court of appeals affirmed. Barrow filed an amended petition for postconviction relief, which the circuit court dismissed without prejudice for failing to comply with the requirements of Ark. R. Crim. P. 37.1(b). The court then gave Barrow ten days to file a compliant petition. Barrow subsequently filed a second amended petition for postconviction relief within the ten-day period, alleging ineffective assistance of counsel. The circuit court denied the petition, concluding that Barrow's counsel was not ineffective and that the court lacked jurisdiction to hear the matter because the second amended petition was not filed until after the sixty-day time period provided under Rule 37.1. The Supreme Court reversed, holding (1) under the facts of this case, the circuit court had jurisdiction to hear Barrow's amended petition; and (2) the court's order finding that Barrow did not meet his burden of proof by showing that his counsel was ineffective was conclusory in nature and failed to comply with Ark. R. Crim. P. 37.3(c). Remanded.