Abernathy v. State (Per Curiam)
Annotate this CaseAfter a jury trial in 1982, Petitioner was found guilty of capital felony murder and first-degree battery. Petitioner was sentenced to life imprisonment. The Supreme Court affirmed. Petitioner subsequently sought leave from the Supreme Court to proceed in the trial court with a petition pursuant to Ark. R. Crim. P. 37.1. The Court denied the petition. In 2013, Petitioner filed a second petition to proceed under Rule 37.1, raising allegations of ineffective assistance of counsel. Because Petitioner did raise all issues for postconviction relief in the original petition, the petition was dismissed. Petitioner then filed a third petition to reinvest jurisdiction in the trial court to consider a petition under Rule 37.1. The Supreme Court dismissed the petition, holding that Petitioner was not entitled to proceed again under the Rule.
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