Beshears v. State, CR
| Decision Date | 14 July 1997 |
| Docket Number | No. CR,CR |
| Citation | 329 Ark. 469,947 S.W.2d 789 |
| Parties | Albert BESHEARS, Appellant, v. STATE of Arkansas, Appellee. 96-738. |
| Court | Arkansas Supreme Court |
The appellant, Albert Beshears, entered a conditional plea of guilty to possession of a controlled substance with intent to deliver. He was sentenced to forty years in prison. In the direct appeal, we affirmed the Trial Court's denial of Beshears's motion to suppress. Beshears v. State, 320 Ark. 573, 898 S.W.2d 49 (1995). Beshears subsequently filed a petition for postconviction relief pursuant to A.R.Cr.P. Rule 37.
In the petition, Beshears alleged that his counsel was ineffective because he misled Beshears about the existence of an offer of a negotiated plea; because he failed to file a motion asking the trial judge to recuse; and because he represented a conflicting interest that adversely affected the defense. Beshears also alleged that his counsel was ineffective for participating, without his clients' permission, in the division of monies seized by forfeiture.
In addition to his claims for relief under A.R.Cr.P. Rule 37, Beshears filed a motion asserting that the trial judge should recuse from the postconviction proceeding. In the following order, the Trial Court denied the motion to recuse and Beshears's request for postconviction relief:
Following a hearing held on this day, 21 March 1996, after considering the petitions, the testimony of the witnesses and the arguments of counsel, makes the following orders:
1. The motion for recusal is hereby denied; and
2. The request for relief pursuant to Rule 37 is also denied.
Beshears now appeals that order. We reverse and remand because the order does not contain written findings of fact and conclusions of law as required by A.R.Cr.P. Rule 37.3(c).
On appeal, Beshears contends that the Trial Court erred in denying relief on his claim that his counsel was ineffective because he represented a conflicting interest at the same time he represented Beshears. Specifically, he argues that his attorney also represented his brother, Eddie, on an unrelated charge; and that during that representation, Eddie made a statement that exculpated Beshears. Beshears contends that his attorney's choice not to use this statement on his client's behalf made his guilty plea involuntary and unintelligent. Beshears also makes a two-part argument concerning the recusal of the trial judge. He contends that the trial judge erred in denying his motion to recuse from the postconviction proceeding; and that it was error to deny relief on his claim that his counsel was ineffective for failing to file a motion to recuse prior to Beshears's conviction.
We cannot reach the merits of the arguments concerning the alleged conflict of interest and trial counsel's failure to file a motion to recuse because the Trial Court did not enter written findings of fact and conclusions of law as required by A.R.Cr.P. Rule 37.3. We have held without exception that this rule is mandatory and requires written findings. Williams v. State, 272 Ark. 98, 612 S.W.2d 115 (1981). Therefore, we reverse an remand the case to the Trial Court for written findings of fact and conclusions of law on Beshears's claims for postconviction relief.
We can, however, reach the merits of the argument concerning the Trial Court's denial of the motion to recuse from the postconviction proceeding. Beshears argues that the trial judge should have recused from considering his Rule 37 petition because the trial judge, before he assumed the bench, prosecuted him on an unrelated matter ten years prior to the filing of the charges on which he is presently incarcerated. He also...
To continue reading
Request your trial
-
Watkins v. State
...point upon which the hearing is held. See Scott v. State, 351 Ark. 619, 96 S.W.3d 732 (2003) (per curiam); Beshears v. State, 329 Ark. 469, 947 S.W.2d 789 (1997) (per curiam). We have distinguished, however, between two different situations under this rule. In cases where the trial court fa......
-
Echols v. State
...the merits of Echols's contention that the trial judge should have recused from the Rule 37 proceedings. See Beshears v. State, 329 Ark. 469, 947 S.W.2d 789 (1997) (per curiam). This court has consistently held that the judge who presides over a defendant's trial may also preside over that ......
-
Irvin v. State
...the judge had formerly prosecuted Irvin while serving as the elected prosecuting attorney in the 10th Circuit. In Beshears v. State, 329 Ark. 469, 947 S.W.2d 789 (1997), the defendant argued that the trial judge should have recused from considering his posttrial petition because the trial j......
-
Irvin v. State
...the judge had formerly prosecuted Irvin while serving as the elected prosecuting attorney in the 10th Circuit. In Beshears v. State, 329 Ark. 469, 947 S.W.2d 789 (1997), the defendant argued that the trial judge should have recused from considering his post-trial petition because the trial ......