§ 16-112-205 — Hearing

Arkansas § 16-112-205

• Jurisdiction: Arkansas
• Title: 16

Text

(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 order granting the appropriate relief. (b) Hearings on a petition filed pursuant to this subchapter shall be open and shall be held in the court in which the conviction was entered. (c) (1) The court may order the petitioner to be present at the hearing. (2) If the petitioner is represented by an attorney, the attorney shall be present at any hearing. (3) A verbatim record of any hearing shall be made and kept. (4) Unless otherwise ordered by the court, the petitioner shall bear the burden of proving the facts alleged in the petition by a preponderance of the evidence. (5) The court may receive evidence in the form of affidavit, deposition, or oral testimony. (d) The court may summarily deny a second or successive petition for similar relief on behalf of the same petitioner and may summarily deny a petition if the issues raised in it have previously been decided by the Court of Appeals or the Supreme Court in the same case.

Legislative History

Acts 2001, No. 1780, § 8.