Roberts v. State (Majority, with Dissenting)Annotate this Case
In 2000, Appellant was convicted of capital murder and sentenced to death. Thereafter, Appellant filed a waiver of appeal and of postconviction review. The Supreme Court affirmed Appellant’s waiver of his right to appeal, as well as his conviction and sentence. The circuit court then held a hearing pursuant to Ark. R. Crim. P. 37.5. Appellant again waived his right to seek postconviction relief. Appellant later filed an untimely Rule 37.5 petition and an amended postconviction petition. The circuit court denied relief. The Supreme Court concluded that a more recent competency evaluation of Appellant was required to adequately determine his competency to elect execution and waive postconviction remedies. After Appellant was evaluated and after a hearing, the circuit court concluded that Appellant was competent and had the capacity to waive his postconviction relief. Accordingly, the circuit court dismissed Appellant’s petition for postconviction relief. The Supreme Court reversed, holding that the circuit court erred in finding that Appellant was competent to waive his postconviction remedies. Remanded for postconviction proceedings under Rule 37.5.