Burkhart v. State

Supreme Court of Arkansas

Burkhart v. State

611 S.W.2d 500, 271 Ark. 859, 1981 Ark. LEXIS 1169

CourtSupreme Court of Arkansas

DecidedFebruary 9, 1981

DocketCR 81-9

StatusPublished

Cited by4 cases

This text of 611 S.W.2d 500 (Burkhart v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burkhart v. State, 611 S.W.2d 500, 271 Ark. 859, 1981 Ark. LEXIS 1169 (Ark. 1981).

Pincite

Opinion

Richard B. Adkisson, Chief Justice.

This appeal is from a judgment denying relief under Rule 37, Ark. Rules of Crim. Proc., on the ground that the petitioner was not in custody at the time the petition was filed.

In a jury trial on April 26, 1978, appellant, Orval Burkhart, was convicted of first degree assault and his punishment was fixed at $375.00, from which there was no appeal.

The “Scope of the Remedy” for proceedings under Rule 37 is confined to “a prisoner, in custody under sentence of a circuit court ...” The petitioner in this case was not in custody at the time of filing his petition and, therefore, was entitled to no relief. See Hartsell v. State, 254 Ark. 687, 495 S.W. 2d 523 (1973).

Rule 37 is not a substitute for appeal. Clark v. State, 255 Ark. 13, 498 S.W. 2d 657 (1973).

Affirmed.

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