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16-91-204. Legislative intent.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-91-204. Legislative intent.
It is the express intent of this subchapter to comply with the requirements of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, in an effort to obtain the benefits of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, concerning time limitations in which federal habeas corpus proceedings and appeals must be considered and decided, and for other purposes. Throughout this subchapter, references to “post-conviction” proceedings or petitions refer solely to those proceedings or petitions which are filed pursuant to the state rule or statute in which claims of ineffective assistance of counsel are cognizable, such as Rule 37 of the Arkansas Rules of Criminal Procedure. Specific reference to Rule 37 of the Arkansas Rules of Criminal Procedure was avoided only because the General Assembly is aware that the form of relief provided for by Rule 37 of the Arkansas Rules of Criminal Procedure may, at some point in the future, be provided for by a different rule or statute. It is the intent of the General Assembly to ensure that this subchapter apply to Rule 37-type post-conviction proceedings, not to post-conviction proceedings in which claims of ineffective assistance are not cognizable. It is the intent of § 16-91-202(e) to allow the appointment of counsel in the very limited circumstance in which, because of unique training, experience, or background, an attorney is clearly competent and qualified to represent an indigent petitioner in a capital post-conviction proceeding, but otherwise does not meet all of the criteria of § 16-91-202(c). Section 16-91-202(e) was created for the specific purpose of permitting the appointment of experienced attorneys, including but not limited to, former p
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-91-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-91-204
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 25e382feddfa108682fbdcea4c583944a343d331e9691b4e4cb175df7407cd87
Source location: content.xml paragraph 36706
Stored source content
16-91-204. Legislative intent.
It is the express intent of this subchapter to comply with the requirements of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, in an effort to obtain the benefits of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, concerning time limitations in which federal habeas corpus proceedings and appeals must be considered and decided, and for other purposes. Throughout this subchapter, references to “post-conviction” proceedings or petitions refer solely to those proceedings or petitions which are filed pursuant to the state rule or statute in which claims of ineffective assistance of counsel are cognizable, such as Rule 37 of the Arkansas Rules of Criminal Procedure. Specific reference to Rule 37 of the Arkansas Rules of Criminal Procedure was avoided only because the General Assembly is aware that the form of relief provided for by Rule 37 of the Arkansas Rules of Criminal Procedure may, at some point in the future, be provided for by a different rule or statute. It is the intent of the General Assembly to ensure that this subchapter apply to Rule 37-type post-conviction proceedings, not to post-conviction proceedings in which claims of ineffective assistance are not cognizable. It is the intent of § 16-91-202(e) to allow the appointment of counsel in the very limited circumstance in which, because of unique training, experience, or background, an attorney is clearly competent and qualified to represent an indigent petitioner in a capital post-conviction proceeding, but otherwise does not meet all of the criteria of § 16-91-202(c). Section 16-91-202(e) was created for the specific purpose of permitting the appointment of experienced attorneys, including but not limited to, former prosecutors and judges who, because of the nature of their practice, are uniquely qualified to represent capital defendants but do not meet the specific defense-related requirements of § 16-91-202(c).
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-91-202. Capital cases.
(a)(1)(A)(i) If a capital conviction and sentence are affirmed on direct appeal, the circuit court in which the conviction was obtained shall, within two (2) weeks after the affirmance, conduct a hearing and enter a written order appointing counsel to represent the petitioner in a post-conviction proceeding upon issuance of the mandate by the appellate court, should the petitioner desire to pursue such a post-conviction proceeding.
(ii) Counsel's appointment shall remain effective through any appeal of the post-conviction proceeding in state court.
(B) Counsel shall be appointed only after a finding by the circuit court that the petitioner is indigent and that he or she either accepts the appointment of counsel or is unable to make a competent decision whether to accept or reject the appointment of counsel.
(C) The circuit court may decline to appoint counsel for the petitioner only upon a written finding that the petitioner rejects the appointment of counsel and understands the legal consequences of that decision or upon a finding that the petitioner is not indigent.
(2)(A) The circuit court may not appoint an attorney as counsel under this subsection if the attorney represented the petitioner at trial or on direct appeal of the conviction under attack unless the petitioner and the attorney request appointment on the record.
(B) If counsel is the same attorney who represented the petitioner at trial or on direct appeal, the circuit court shall appoint a second counsel to assist in the preparation of the petition for post-conviction relief.
(C) If the petitioner elects to proceed pro se, the waiver of the assistance of counsel shall be made in open court on the record.
(b)(1)(A) Upon the filing of a post-conviction petition, the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-91-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-91-202. This identifies an authority to review, not proof of applicability.