Collins v. State
Decision Date | 09 March 2006 |
Docket Number | No. CR 05-71.,CR 05-71. |
Citation | 231 S.W.3d 717 |
Parties | Kingrale COLLINS, Appellant, v. STATE of Arkansas, Appellee. |
Court | Arkansas Supreme Court |
Kingrale Collins appeals the denial of his petition for postconviction relief under Ark. R.Crim. P. 37.5. Collins alleges that his counsel at trial and his counsel on appeal were ineffective, and that his conviction and sentence of death for capital murder are, therefore, unconstitutional. He seeks a new trial, or in the alternative, requests that this matter be remanded to the circuit court for further proceedings under Rule 37. We reverse and remand this case to the circuit court to appoint Rule 37.5 qualified counsel and grant Collins leave to file a petition that complies with Rule 37.5.
The record shows that there was a failure to comply with Rule 37.5. Collins was convicted and sentenced to death on October 21, 1997. More than six years have passed since the mandate issued on the direct appeal from Collins's conviction and sentence in this case. His conviction and sentence were affirmed by this court on June 3, 1999. Collins v. State, 338 Ark. 1, 991 S.W.2d 541 (1999). Collins began to pursue Rule 37.5 relief shortly thereafter. The record reveals the following history. Pursuant to Rule 37.5(b)(1), Collins appeared in Cross County Circuit Court on July 12, 1999, at which time counsel was appointed to pursue remedies under Rule 37.5. On July 14, 1999, the Capital, Conflicts and Appellate Office of the Arkansas Public Defender Commission was appointed as additional counsel, apparently based on recognition that counsel had to meet the qualifications set out in Rule 37.5.
A petition under Rule 37.5 was filed on October 12, 1999. However there is nothing in the record to show that the attorneys were qualified under Rule 37.5. The petition raises several points on appeal, but it is not verified by Collins. "The petitioner must execute the verification, and if the petitioner is represented by counsel, counsel may not sign and verify the petition for him." Boyle v. State, 362 Ark. 248, 208 S.W.3d 134 (2005). The same attorneys filed two additional Rule 37 petitions on October 13, 1999, and October 14, 1999. Again, they were not verified by Collins. The State responded on October 18, 1999. However, no action was ever taken on these petitions.
Nothing further appears in the record regarding postconviction relief until a new attorney was appointed on January 31, 2003. Again, there is nothing in the record to show that he was qualified to represent Collins under Rule 37.5. Next, we find a pleading captioned "Rule 37 Petition" filed March 6, 2003, which appears to be a pro se petition by Collins relating to an alleged improper search and seizure. It is a form document that is mostly blank, and it was not notarized, verified, or signed. Additional similar form Rule 37 petitions and other handwritten documents alleging a void conviction were filed by Collins on March 6, 2003. They are largely illegible and incomprehensible.
We next find in the record a motion for discovery filed on September 15, 2003, by Collins's present counsel. There is nothing in the record memorializing his appointment or whether he is qualified under Rule 37.5. On October 6, 2003, an order was filed that Collins be brought to the Cross County Circuit Court for an appearance on that date; however, the order does not reveal the purpose of his appearance and does not reveal what occurred on that date.
We next find an order that Collins be brought to court on May 20, 2004. There is in the record a transcript from a Rule 37.5 hearing that took place on May 20, 2004. In that hearing, the parties refer to a petition under Rule 37.5. However, the record contains no Rule 37.5 petition filed by present counsel, and the points addressed at the May 20, 2004, hearing do not appear in any petition in the record. Based on the discussion of the court and counsel at the close of the hearing, we are left to assume that there was no written Rule 37.5 petition on which action was taken on May 20, 2004. Rather, the circuit court indicates that it is relying on notes and asks Collins's counsel to prepare a memorandum summarizing the hearing and points raised. A memorandum summarizing the May 20, 2004, hearing was filed by Collins's counsel on September 23, 2004. The order denying the Rule 37 petition was presumably based on the hearing, the notes and the memorandum. None of the petitions filed since 1999 complied with Rule 37.5.
Rule 37.5 provides specific procedures setting out how postconviction relief is to be pursued and includes deadlines that must be met. Obviously, the intent of Rule 37.5 was not that it take six years for a person convicted of capital murder and sentenced to death to have a determination of whether his conviction and sentence are subject to constitutional challenge or otherwise subject to collateral attack.
In cases where the petitioner did not receive a sentence of death, we have simply affirmed denial of postconviction relief if the petition was not verified. As already noted, there is no verified petition, and that could be the basis for affirming the circuit court's decision. See, e.g., Knappenberger v. State, 278 Ark. 382, 647 S.W.2d 417 (1983). However, the death penalty has been imposed in this case. We have stated that there is no question that the death penalty is a unique punishment that demands unique attention to procedural safeguards. Robbins v. State, 353 Ark. 556, 354 Ark. 1, 114 S.W.3d 217 (2003). As we noted in Robbins, supra:
This court, early on, voiced its belief in the "humane principle applicable in general to criminal cases, and especially those where life is involved," and declined to exalt form over substance when dealing with the death penalty. Bivens v. State, 11 Ark. 455, 457 (1850). More recently, this court has repeatedly set aside strict adherence to procedural rules in connection with postconviction relief out of concern for fairness in death-penalty cases. See, e.g., Sanders v. State, 352 Ark. 16, 98 S.W.3d 35 [2003] ( ); McGehee v. State [sic], 344 Ark. 602, 604, 43 S.W.3d 125, 127 (2001) ( ); Echols v. State, 344 Ark. 513, 42 S.W.3d 467 (2001) (...
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... ... Wooten v. State, 325 Ark. 510, 931 S.W.2d 408, 409 (1996) (" Wooten I "). Trial testimony from the surviving victims showed that, in the three encounters between ... See Collins v. State, 365 Ark. 411, 231 S.W.3d 717, 719-20 (2006). The Arkansas Supreme Court, in Robbins v. State, 353 Ark. 556, 114 S.W.3d 217, 223 (2003), ... ...
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