Brown v. State , 2015 Ark. 311 ( 2015 )

Cite as 2015 Ark. 311
SUPREME COURT OF ARKANSAS
No. CR-13-514
BRUCE WAYNE BROWN Opinion Delivered July 23, 2015
APPELLANT
PRO SE MOTION TO RESPOND TO
V. CIRCUIT COURT’S AMENDED
ORDER
[GARLAND COUNTY CIRCUIT
STATE OF ARKANSAS COURT, NO. 26CR-10-272]
APPELLEE
HONORABLE MARCIA R.
HEARNSBERGER, JUDGE
REMANDED FOR EVIDENTIARY
HEARING AND FINDINGS OF FACT;
MOTION MOOT.
PER CURIAM
Appellant Bruce Wayne Brown appealed the denial of his pro se petition for
postconviction relief filed pursuant to Arkansas Rule of Criminal Procedure 37.1 (2011). This
court remanded the matter for findings of fact to address a jurisdictional issue raised by the
record. Brown v. State, 2015 Ark. 97.
As we noted in our previous opinion, because the issue of whether the underlying Rule
37.1 petition is properly verified is determinative of our jurisdiction to hear the appeal, remand
to the circuit court for factual findings concerning the verification of the petition was necessary.
Id. On remand, the circuit court entered an amended order dismissing Brown’s Rule 37.1
petition for lack of proper verification as required by Arkansas Rule of Criminal Procedure
37.1(c) and (d). It does not appear from the supplemental record returned on remand that the
circuit court held a hearing or took any evidence on the matter.
Cite as 2015 Ark. 311
After the circuit court returned its findings of fact, Brown filed the motion that is now
before us seeking to respond to the circuit court’s amended order. Because it is apparent from
the motion that Brown has evidence that he wishes to submit for consideration concerning the
verification issue, a hearing in the circuit court is appropriate. Accordingly, we again remand the
matter to the circuit court for an evidentiary hearing and for factual findings concerning
verification of the petition. Brown’s motion is moot. The circuit court shall return its findings
of fact, along with a transcript of the hearing on the matter, within ninety days from the date of
this order. Further action on the pending appeal is delayed until the findings of fact and hearing
transcript are received.
Remanded for evidentiary hearing and findings of fact; motion moot.
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