Neal v. State (Majority, with Dissenting)Annotate this Case
Appellant pleaded guilty to breaking and entering, possession of firearms by certain persons, and possession of drug paraphernalia. At the time of the entry of the guilty plea, Appellant entered a drug court admission form stating that his sentence would begin if he were to be expelled from drug court. Appellant was subsequently sentenced to 420 months’ imprisonment for his alleged violation of the drug-court program. Appellant filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, arguing that he was deprived of due process from his expulsion from the drug court program without a hearing and that he received ineffective assistance of counsel. The circuit court denied the petition without a hearing. The Supreme Court reversed, holding that the circuit court violated Appellant’s due process rights by failing to hold a hearing prior to his expulsion from the drug court program. Remanded.