Gonder v. State

Summary

The Supreme Court of Arkansas affirmed the denial of Duane Jefferson Gonder’s pro se motion seeking production of documents from the prosecutor and denied his motion to hold the appeal in abeyance. The court held that the discovery process had ended, postconviction proceedings did not entitle Gonder to discovery, and he failed to establish that the prosecutor was required to obtain and provide documents not in the prosecutor’s file.

Holdings

1. By perfecting an appeal from the denial of his motion, Gonder divested the trial court of jurisdiction to modify that order.
2. A petitioner seeking postconviction relief under Arkansas Rule of Criminal Procedure 37.1 is not entitled to discovery under the Rule.
3. Gonder's time to seek postconviction relief under Rule 37 had expired, and the applicable time limitation was jurisdictional.
4. Gonder failed to establish that the prosecuting attorney was required to seek out and provide documents not in the prosecutor's case file, particularly after the discovery process had ended.

Questions Presented

1. Whether Gonder was entitled to obtain the requested documents from the prosecuting attorney as criminal discovery after completion of the criminal proceeding and during the postconviction period.
2. Whether the circuit court retained jurisdiction to modify the order under appeal while the appeal was pending.
3. Whether Gonder's motion to hold the appeal in abeyance should be granted.

Disposition

affirmed