Supreme Court

Decision Information

Decision Content

ARK.] 259 Kenneth Roland WALKER v. STATE of Arkansas CR 87-4 724 S.W.2d 160 Supreme Court of Arkansas Opinion delivered February 20, 1987 CRIMINAL PROCEDURE - POST-CONVICTION RELIEF - FAILURE TO COMMUNICATE PLEA BARGAIN - FAILURE TO FILE REQUESTED AFFIDAVIT OF PROSECUTOR - CASE REMANDED FOR HEARING. Where petitioner claimed in part that his trial counsel failed to communicate a plea bargain offer from the prosecuting attorney, and the appellate court directed the attorney general to furnish it with an affidavit from the prosecuting attorney on the matters pertaining to plea negotiations with petitioner's attorney, which he did not file, the case was remanded to the trial court for a hearing on this issue only. Petition for Permission to Proceed in the Trial Court Pursuant to Ark. R. Crim. P. 37; granted. Witt Law Firm, P.C., by: Ernie Witt, for appellant. Steve Clark, Att'y Gen., by: Theodore Holder, Asst. Att'y Gen., for appellee. PER CURIAM. Petitioner, Kenneth Roland Walker, filed with this court on January 9, 1987, a petition for permission to proceed pursuant to Ark. R. Crim. P. 37. He claimed in part in his petition, that his trial counsel failed to communicate a plea bargain offer from the prosecuting attorney. On January 26, 1987, this court directed the attorney general to furnish us with an affidavit from the prosecuting attorney on the matters pertaining to plea negotiations with Walker's trial attorney. This has not been done. [11] Accordingly, we remand this petition to the trial court for a hearing on this issue only.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.