Parker v. State

Supreme Court of Arkansas

Parker v. State

823 S.W.2d 877, 308 Ark. 187, 1992 Ark. LEXIS 56

CourtSupreme Court of Arkansas

DecidedJanuary 27, 1992

DocketCR 91-276

StatusPublished

Cited by1 cases

This text of 823 S.W.2d 877 (Parker 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

Parker v. State, 823 S.W.2d 877, 308 Ark. 187, 1992 Ark. LEXIS 56 (Ark. 1992).

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Opinion

Per Curiam.

The petitioner Lenner Parker was convicted of delivery of a controlled substance and sentenced to twenty years imprisonment. The Court of Appeals affirmed. Parker v. State, CACR 91-48 (August 28, 1991). On December 10, 1991, petitioner filed in this court a pro se petition to proceed pursuant to Criminal Procedure Rule 37. On December 27,1991, the state filed its response in which it contended that the petition was without merit. On December 30, 1991, the petitioner filed the motion which is now before us asking to withdraw the petition. He asks to be afforded the opportunity to resubmit a “correct” petition.

The motion is denied. If this court were to permit a petitioner to withdraw a petition and submit another as soon as the state through its response pointed out deficiencies in the petition, it would be unfair to the state and open the door to an unending succession of petitions. Due process does not require this court to provide unlimited opportunities to provide post-conviction claims or prevent this court from requiring a petitioner to raise grounds for relief in the original petition. See Maulding v. State, 299 Ark. 570, 776 S.W.2d 339 (1989).

Motion denied.

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Per Curiam.

The petitioner Lenner Parker was convicted of delivery of a controlled substance and sentenced to twenty years imprisonment. The Court of Appeals affirmed. Parker v. State, CACR 91-48 (August 28, 1991). On December 10, 1991, petitioner filed in this court a pro se petition to proceed pursuant to Criminal Procedure Rule 37. On December 27,1991, the state filed its response in which it contended that the petition was without merit. On December 30, 1991, the petitioner filed the motion which is now before us asking to withdraw the petition. He asks to be afforded the opportunity to resubmit a “correct” petition.

The motion is denied. If this court were to permit a petitioner to withdraw a petition and submit another as soon as the state through its response pointed out deficiencies in the petition, it would be unfair to the state and open the door to an unending succession of petitions. Due process does not require this court to provide unlimited opportunities to provide post-conviction claims or prevent this court from requiring a petitioner to raise grounds for relief in the original petition. See Maulding v. State, 299 Ark. 570, 776 S.W.2d 339 (1989).

Motion denied.

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Bluebook (online)

823 S.W.2d 877, 308 Ark. 187, 1992 Ark. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-state-ark-1992.

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