Gonder v. Spain (Per Curiam)Annotate this Case
Appellant pled guilty to one count each of first-degree murder, aggravated assault, and attempting to furnish a prohibited article. Appellant later filed an amended civil complaint against the deputy prosecutor, alleging that the prosecutor had misstated facts during Appellant’s plea hearing and withheld victim-impact statements. Appellant requested injunctive relief in his amended complaint. The trial court concluded that the complaint was barred by absolute prosecutorial immunity, sovereign immunity, the statute of limitations, and that the action was governed by Ark. R. Crim. P. 37.1. The Supreme Court affirmed, holding that the circuit court did not err in concluding that Appellant’s amended complaint was governed by the requirements of Rule 37 and, as such, was an untimely, successive petition for postconviction relief that raised claims that were procedurally barred.