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280 Ark. 542

Simmons v. State

Supreme Court of Arkansas

Decided November 7, 1983

Supreme Court of Arkansas · decided 1983-11-07

Cited by 1 later decisions — most recently March 1987

1 federal appellate ·

Relies on Simmons v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-11-07

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Per Curiam.

¶1Petitioner Thomas Winford Simmons was found guilty of capital felony murder in the Circuit Court of Crawford County and sentenced to death. We affirmed. Simmons v. State, 278 Ark. 305, 645 S.W.2d 680 (1983). He sought a writ of certiorari before the United States Supreme Court which was denied October 3, 1983. The Governor then set execution for November 11, 1983. Petitioner now seeks a stay of execution so that he may prepare and file a petition for postconviction relief pursuant to A.R.Cr.P. Rule 37.

¶2The petition is denied. When a petitioner seeks a stay of execution based on the contention that he is entitled to postconviction relief, he must also file the petition setting out the grounds for that relief. The mere allegation that there are meritorious grounds to be raised is not good cause to grant a stay of execution.

¶3Petition denied.

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