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Clark v. State
Citations: 242 Ark. 584; 414 S.W.2d 601; 1967 Ark. LEXIS 1286Docket: 5264
Court: Supreme Court of Arkansas; May 15, 1967; Arkansas; State Supreme Court
Aaron Clark was initially charged with first-degree murder in Crittenden County on September 17, 1963. After a court-appointed attorney was assigned, the case was continued until February 20, 1964, when Clark pled guilty to second-degree murder and was sentenced to twelve years in the Arkansas State Penitentiary. In November 1965, he filed a petition under Criminal Procedure Rule No. 1, claiming violations of his constitutional rights before the plea and requesting a hearing. The court appointed an attorney to represent him, but the petition was found to be unverified, which is a requirement under Section (A) of the rule. The court noted that Clark had waived arraignment and had previously entered a not guilty plea before the charge was reduced. The court concluded that the petition lacked merit and denied it. The appellate court highlighted that the verification requirement is crucial to deter frivolous petitions and ensure the legitimacy of claims made. It noted that although a motion to proceed in forma pauperis was verified, Clark's main petition was not. The court ordered that the matter be remanded, allowing Clark to verify his petition. If verified, a hearing would be conducted; if not, the petition would be dismissed. Additionally, the court remarked that pertinent records relied upon by the lower court should be included in the appeal record, which had not been done.