Supreme Court of Arkansas

Joseph Adkins, Appellant v. State of Arkansas, Appellee

September 4, 20142014 Ark. LEXIS 451

Summary

The court held that the appellant’s Rule 37.1 petition satisfied the verification requirement because it was filed contemporaneously with a notarized motion containing an affidavit verifying the petition’s factual allegations. The circuit court therefore erred by dismissing the petition without reaching its merits, and the case was reversed and remanded for consideration of the petition. The State’s pending motions were deemed moot.