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256 Ark. 133

Fuller v. State

Supreme Court of Arkansas

Decided March 4, 1974

Supreme Court of Arkansas · decided 1974-03-04

Cited by 8 later decisions — most recently March 1979

8 state decisions

Key passage — most relied on by later courts

““. . . The court shall determine the issues and make written findings of fact and conclusions of law with respect thereto ...” (Emphasis supplied)”

quoted by 1 later decision, including State v. Manees

“"This provision is mandatory . . . ’’(Emphasis added) See: Orman v. Bishop, Supt. State Prison, 243 Ark. 609 , 420 S.W. 2d 908 (1967).”

quoted by 1 later decision, including State v. Manees

Relies on Orman v. Bishop · McIntyre v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1974-03-04

View the full empirical analysis of this case →

FRANK HÓLT, Justice.

¶1Appellant was sentenced in 1971 to life imprisonment in the State Department of Correction when he pleaded guilty to a charge of first degree murder after a waiver of the death penalty. Subsequently, appellant sought post-conviction relief pursuant to our Criminal Procedure Rule 1. The petition was denied after an eviden-tiary hearing. On appeal we first consider appellant’s contention, through his court appointed counsel, that the trial court erred in failing to make findings of fact and conclusions of law in accordance with Rule 1 (E). The pertinent provision of that section provides:

***The court shall determine the issues and make written findings of fact and conclusions of law with respect thereto.

¶2This provision is mandatory. Orman v. Bishop, Supt. State Prison, 243 Ark. 609, 420 S.W. 2d 908 (1967) and McIntyre v. State, 242 Ark. 229, 412 S.W. 2d 826 (1967). Therefore, it is necessary to remand the cause for compliance with this requirement.

¶3Until we have the benefit of the trial court’s written findings of fact and conclusions of law, we do not reach a determination of appellant’s other contention for reversal.

¶4Remanded.

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