Brown v. State (Per Curiam)
Annotate this CaseAfter a jury trial, Appellant was found guilty of rape and sentenced to life imprisonment. The Supreme Court affirmed. Appellant subsequently filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1. The circuit court denied Appellant’s petition without a hearing. On appeal, the Supreme Court noted that while Appellant’s signature on the petition was notarized, it was unclear from the face of the petition whether the accompanying affidavit was sworn to before a notary as required by Rule 37.1(c). The Court remanded the case for findings of fact, holding that the issue of whether the underlying petition was properly verified was determinative of the Court’s jurisdiction to hear the instant appeal.
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