¶1concurring. I agree with the majority, but would emphasize the clear introductory language of Ark. R. Crim. P. 37.1, which establishes the parameter of the Rule — a petitioner in custody under sentence of a circuit court claiming a right to he released. . . . This court clearly has pointed out that the “Scope of the Remedy” for proceedings under Rule 37 is confined to a prisoner, in custody under sentence of a circuit court. Malone v. State, 294 Ark. 376, 742 S.W.2d 945 (1988); Burkhart v. State, 271 Ark. 859, 611 S.W.2d 500 (1981); Hartsell v. State, 254 Ark. 687, 495 S.W.2d 523 (1973) (court interpreting Criminal Procedure Rule 1, predecessor to Rule 37, to provide postconviction relief only for a prisoner in custody of sentence and declining to enlarge scope of remedy to include a prisoner under sentence of a federal court; and further holding defendant was not precluded from seeking relief in appropriate federal forum). In Malone, this court stated defendants were not entitled to Rule 37 relief because defendants were out of custody on bonds when they filed their Rule 37 motion.
336 Ark. 367
985 S.W.2d 708
Bohanan v. State
Decided February 11, 1999
Supreme Court of Arkansas · decided 1999-02-11
Relies on Lockett v. State · Malone v. State · Hartsell v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1999-02-11
How this case has been cited
Cited by 28 later decisions — most recently December 2023 · most notably Howard v. State (2006), Davis v. State (2001)
28 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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