Terry Leroy Long v. State of Arkansas

Summary

The Arkansas Court of Appeals affirmed Terry Leroy Long’s convictions and consecutive sentences for fourteen counts of rape. The court held that Long failed to preserve his arguments concerning the use of a certified facility dog and the constitutionality of the governing statute because those arguments were not adequately developed below. The court also held that his challenge to the sentence was unpreserved due to the lack of a contemporaneous objection and could not be treated as a Rule 37 petition because his motion was unverified.

Holdings

1. Arguments that the facility dog improperly enhanced the victim's credibility and violated the Sixth Amendment were not preserved because Long did not raise them in the circuit court.
2. The separation-of-powers challenge was not preserved because Long did not present a developed argument supported by a constitutional provision, standard of review, or legal authority in the circuit court.
3. Long's constitutional challenge to his sentence was not preserved because he made no contemporaneous objection when the sentence was imposed.
4. The motion could not be treated as a valid Rule 37 petition because it was not verified; an unverified Rule 37.1 petition does not invoke the circuit court's jurisdiction, and the appellate court consequently lacked jurisdiction over that alternative claim.

Questions Presented

1. Whether the circuit court erred by allowing a certified facility dog to accompany the minor victim while she testified.
2. Whether Long's constitutional challenge to Arkansas Code Annotated section 16-43-1002 was preserved for appellate review.
3. Whether Long's challenge to the constitutionality and disproportionality of his consecutive sentences was preserved by a contemporaneous objection at sentencing.
4. Whether Long's motion for a new trial could alternatively be treated as a timely Rule 37 petition despite being unverified.

Disposition

affirmed