(a) Except when direct appeal is available, a person convicted of a crime may commence a proceeding to secure relief by filing a petition in the court in which the conviction was entered to vacate and set aside the judgment and to discharge the petitioner or to resentence the petitioner or grant a new trial […]
Except when direct appeal is available, a person convicted of a crime may make a motion for the performance of fingerprinting, forensic deoxyribonucleic acid (DNA) testing, or other tests which may become available through advances in technology to demonstrate the person’s actual innocence if: (1) The specific evidence to be tested was secured as a […]
(a) The petition filed under this subchapter shall be entitled in the name of the petitioner versus the State of Arkansas and shall contain: (1) (A) A statement of the facts and the grounds upon which the petition is based and relief desired. (B) All grounds for relief shall be stated in the petition or […]
(a) Within twenty (20) days after the filing of the petition, the prosecuting attorney or the Attorney General shall respond to the petition by answer or motion which shall be filed with the court and served on the petitioner if unrepresented or served on the petitioner’s attorney. (b) (1) No further pleadings are necessary except […]
(a) Unless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief, the court shall promptly set an early hearing on the petition and response, promptly determine the issues, make findings of fact and conclusions of law, and either deny the petition or enter an […]
(a) The appealing party, within thirty (30) calendar days after the entry of the order, shall file a notice of appeal if the party wishes to appeal. (b) (1) If the appeal is by the petitioner, the service shall be on the prosecuting attorney and the Attorney General. (2) If the appeal is by the […]
(a) (1) A person financially unable to obtain counsel who desires to pursue the remedy provided in this subchapter may apply for representation by the Arkansas Public Defender Commission or appointed private attorneys. (2) The trial public defenders or appointed private attorneys may represent indigent persons who apply for representation under this section. (b) (1) […]
(a) (1) A court that orders any deoxyribonucleic acid (DNA) testing under this subchapter shall direct the testing to be carried out by the State Crime Laboratory. (2) (A) However, the court may order deoxyribonucleic acid (DNA) testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the […]
