Olajuwon Smith, Appellant v. State of Arkansas, Appellee — Hart, J., Dissenting

Summary

Justice Hart dissented from dismissing Smith's corrected Rule 37 petition as an impermissible successive petition. She viewed the corrected filing as a conforming version of the first petition, which had been dismissed without prejudice for a formatting violation, and concluded that Smith should receive consideration of his claims on the merits. She further reasoned that the majority improperly treated dicta as granting circuit courts unbounded discretion. No separate opinions were provided.