Summary
The Arkansas Supreme Court denied Terry Antonio Lee’s pro se motion for reversal and dismissal in a postconviction appeal. The court remanded the matter for compliance with Arkansas Rule of Criminal Procedure 37.3(d), directing the circuit clerk to mail Lee a copy of the supplemental Rule 37 order and setting a deadline for his supplemental brief.
Topics
Practice areas
Questions Presented
- Whether Lee established grounds for reversal of the circuit court's order or dismissal of the appeal based on the alleged failure to comply with the Supreme Court's prior remand.
- Whether the case should be remanded because Lee had not been provided a copy of the supplemental Rule 37 order and therefore could not prepare a compliant supplemental brief.
Holdings
- Lee was not entitled to reversal or dismissal because the trial court complied with the prior opinion by filing a supplemental Rule 37 order containing additional findings of fact.
- When a trial court enters an order on a Rule 37.1 petition, the circuit clerk must promptly mail a copy of the order to the petitioner; because Lee had not received the supplemental order and could not prepare a compliant supplemental brief without it, the case had to be remanded for service of the order.
Key quotations
“However, it is clear from the allegations contained in the motion that Lee has not been provided with a copy of the supplemental Rule 37 order.” (at 2)
“In view of the above, this case is remanded to the trial court with directions to the circuit clerk to promptly mail a copy of the supplemental Rule 37 order to Lee within ten days of the date of this opinion.” (at 2-3)
Factual background
Lee was incarcerated following convictions for committing a terrorist act, attempting to commit first-degree battery, and four counts of aggravated assault, with an aggregate sentence of 1020 months. In his Rule 37 postconviction proceedings, he alleged ineffective assistance of counsel, including that trial counsel failed to make sufficient directed-verdict motions. After the Supreme Court ordered additional findings, the circuit court filed a supplemental Rule 37 order, but Lee alleged he had not received a copy of it.
Procedural history
Lee's convictions and aggregate 1020-month sentence were affirmed by the Arkansas Court of Appeals, after which he timely filed a Rule 37.1 postconviction petition. The circuit court denied relief following two hearings. The Arkansas Supreme Court previously remanded for record settlement and additional findings concerning an ineffective-assistance claim based on trial counsel's failure to make sufficient directed-verdict motions. After the circuit court filed a supplemental order and record, Lee moved for reversal and dismissal, asserting noncompliance. The Supreme Court denied the motion but remanded so Lee could receive the supplemental order and file his supplemental brief.
Remand instructions
The circuit clerk must promptly mail Lee a copy of the supplemental Rule 37 order within ten days of the opinion. Lee's supplemental brief is due in the Supreme Court fifty days from the date of the opinion.