Toombs v. State (Per Curiam)
Annotate this CaseAfter a jury trial, Appellant was found guilty of first-degree murder and being a felon in possession of a firearm. Appellant subsequently filed two pro se motions in the trial court to dismiss counsel and to suppress a statement Appellant had given to a police officer. The trial court treated the two motions as one pro se petition for postconviction relief and denied relief. Appellant later filed in the trial court a pro se petition for relief under Ark. R. Crim. P. 37.1, raising some of the claims of ineffective assistance of counsel that he raised in his motion to dismiss counsel. Appellant also raised additional allegations for the first time. The trial court denied the petition, concluding that Appellant had already proceeded with a request for postconviction relief and thus was not entitled to a second proceeding. Appellant appealed and filed two motions related to the appeal. The Supreme Court dismissed the appeal and mooted the motions, holding that the trial court’s decision denying postconviction relief was not clearly erroneous.
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