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Ark. Code Ann. § 16-112-205

Hearing

Applied in 13 court decisions — leading case Randall Thomas McArty v. State of Arkansas (2020)

Most recently applied in Saba K. Makkali v. State of Arkansas (February 2022)

Acts 2001, No. 1780, § 8.

How often courts cite this section

200420102020202230
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) 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.

(2) 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.

(3) The court may order the petitioner to be present at the hearing.

(4) If the petitioner is represented by an attorney, the attorney shall be present at any hearing.

(5) A verbatim record of any hearing shall be made and kept.

(6) 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.

(7) The court may receive evidence in the form of affidavit, deposition, or oral testimony.

(8) 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.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.