Hill v. State (Majority)Annotate this Case
Appellant, who was convicted of capital murder in 1995, filed a petition in 2016 seeking to compel the prosecuting attorney to direct the Arkansas State Crime Laboratory to turn over information from his case. The trial court denied the petition and counted the denial as a strike under Ark. Code Ann. 16-68-607. Thereafter, Appellant filed a motion for reconsideration. The trial court denied the motion for reconsideration, also finding that the new pleading merited a strike. The Supreme Court reversed in part, holding that the trial court erred in imposing the two strikes because section 16-68-607 does not confer authority on the trial court to impose a strike in a criminal case.