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Wood v. State
Citation: 2017 Ark. 290Docket: CV-16-1016
Court: Supreme Court of Arkansas; October 26, 2017; Arkansas; State Supreme Court
Original Court Document: View Document
Howard T. Wood appealed the Pulaski County Circuit Court's denial of his pro se petition to proceed in forma pauperis, which he sought to advance a petition for declaratory judgment challenging the constitutionality of specific language in Arkansas Code Annotated section 16-90-804(c)(2)(B). The circuit court denied Wood's request without providing the necessary findings of fact to justify its decision, in violation of Rule 72(c) of the Arkansas Rules of Civil Procedure. This rule requires the court to assess the petitioner's indigency based on their affidavit and to determine if the facts alleged present a colorable cause of action. The Supreme Court of Arkansas remanded the case for the circuit court to make the required findings regarding Wood's indigency. If found indigent, the court must then evaluate whether Wood's petition states a colorable cause of action and issue an order documenting its findings. The supplemental record of these findings must be submitted to the Supreme Court within thirty days, after which a new briefing schedule will be established for Wood to address the circuit court's supplemental order. Justice Wood dissented from the decision.