Justin Eisele is licensed to practice in Arkansas and has been practicing Arkansas law for 13 years. He handles post-convictions in Arkansas and Maryland. Arkansas post-conviction remedies are generally covered by Rule 37 petitions in Arkansas.
There are some very important things to remember when dealing with R. 37 petitions. The first hurdle is to make sure you get the petition filed timely. If you do not appeal your case, you must file the petition within 90 days of your conviction. If you did appeal, you have 60 days from the time your case was affirmed on appeal.
Even if you do not hire our firm, it is highly recommended that you acquire counsel to handle your R. 37 petition. Justin has seen many cases where cases are dismissed on the petition where, if the the pro se petitioner had just a little more experience, they could have at least had a hearing or their “day in court.”
Justin once handled the direct appeal for a client who was denied a hearing on his Rule 37 petition. On appeal, he argued that even if the client might eventually be denied his claim, he should have been afforded a hearing because evidence needed to be taken before a ruling was made. The Arkansas Supreme Court agreed with counsel’s argument and the case was reversed and remanded so that the client could be afforded a hearing on his Rule 37 petition. Rounsaville v. State, 374 Ark. 356 (2008).
Rule 37 petitions are usually based on ineffective assistance of counsel claims by the trial counsel. Trial counsel may commit ineffective assistance of counsel if they fail to investigate, fail to convey plea offers, fail to sever counts, fail to litigate motions that would have gone in the favor of a defendant, etc.
If you are denied your Rule 37 petition, you can appeal your case to the Arkansas Supreme Court.
If you would like a consultation on your Arkansas Rule 37 post conviction case, please feel free to email justin at firstname.lastname@example.org.