Simmons v. State, No. CR

CourtSupreme Court of Arkansas
Writing for the CourtPER CURIAM; HAYS
PartiesRonald Gene SIMMONS, Petitioner, v. STATE of Arkansas, Respondent. 89-45.
Decision Date10 March 1989
Docket NumberNo. CR

Page 422

766 S.W.2d 422
298 Ark. 193
Ronald Gene SIMMONS, Petitioner,
v.
STATE of Arkansas, Respondent.
No. CR 89-45.
Supreme Court of Arkansas.
March 10, 1989.

Robert E. Irwin, John Harris, Russellville, for petitioner.

Jack Gilliean, Asst. Atty. Gen., Little Rock, for respondent.

PETITION REQUESTING EXPEDITED REVIEW OF WAIVER OF DIRECT

APPEAL IN A CAPITAL MURDER CASE IN WHICH THE DEATH

PENALTY WAS IMPOSED.

PER CURIAM.

The petitioner, Ronald Gene Simmons, has filed his petition requesting expedited

Page 423

review of his waiver of direct appeal. On February 10, 1989, a Johnson County jury convicted the petitioner of capital murder and sentenced him to death by lethal injection, on March 16, 1989, at 7:00 o'clock a.m. Following the trial, the petitioner notified the trial judge of his desire to waive his appeal and after an evidentiary hearing held on March 1, 1989, the trial judge found the petitioner was competent to waive his right to a direct appeal. In accordance with this court's decision in Franz v. State, 296 Ark. 181, 754 S.W.2d 839 (1988), petitioner now submits to this court a transcript of the lower court's proceedings along with his petition, and requests we [298 Ark. 194] review those proceedings in accordance with the rule established in the Franz case. After careful review of those lower court proceedings, we grant petitioner's request.

In Franz, we held that when a defendant sentenced to death declines to exercise his unqualified right to appeal, we will not automatically acquiesce to his desire. We stated that a defendant sentenced to death will be able to forego an appeal only if he has been judicially determined to have the capacity to understand the choice between life and death and to knowingly and intelligently waive any and all rights to appeal his sentence. This court further held that we must review a lower court's determination on the issue of the waiver of an appeal in a capital case, and that the state has the burden of bringing the lower court's record on this issue to this court for review. We added that the record must be lodged at least seven days before the execution date. All of these requirements have been met.

In sum, we would note that the trial court considered, and made a part of this proceeding, the same psychological evaluations that were introduced in Franz. Since those evaluations were alluded to in detail there, we need not reiterate those findings in this opinion. In addition, the trial...

To continue reading

Request your trial
6 practice notes
  • State v. Dodd, No. 57414-6
    • United States
    • United States State Supreme Court of Washington
    • October 8, 1992
    ...determines that a defendant is competent, then proceedings terminate. Franz, 296 Ark. at 189-90, 754 S.W.2d 839; Simmons v. Arkansas, 298 Ark. 193, 194, 766 S.W.2d 422, 423 Nevada and Indiana require review of a death sentence, pursuant to state statutes. 9 In both states, a defendant may w......
  • Whitmore v. Arkansas, No. 88-7146
    • United States
    • United States Supreme Court
    • April 24, 1990
    ...given a knowing, intelligent, and voluntary waiver of his right to proceed, and his access to court is otherwise unimpeded. Pp. 161-166. 298 Ark. 193 and 255, 766 S.W.2d 422 and 423, certiorari dismissed. REHNQUIST, C.J., delivered the opinion of the Court, in which WHITE, BLACKMUN, STEVENS......
  • Fairchild v. Lockhart, No. PB-C-85-282.
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Eastern District of Arkansas
    • April 4, 1989
    ...least certain fundamental constitutional issues? Perhaps the U.S. Supreme Court's decision, if certiorari is granted, in Simmons v. State, 298 Ark. 193, 766 S.W.2d 422 (1989) (third party seeking review), will give us some indication whether there will be any limitation placed upon the Gilm......
  • Hamblen v. Dugger, No. 89-567-Civ-J-12.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • July 10, 1989
    ...Supreme Court Term. See Whitmore v. Arkansas, ___ U.S. ___, 109 S.Ct. 3240, 106 L.Ed.2d 588 (1989), granting cert. to Simmons v. State, 298 Ark. 193, 766 S.W.2d 422, 423 (1989). Recent cases continue to cite Weber favorably. See, e.g., Smith By and Through the Mo. Public Defender Comm'n v. ......
  • Request a trial to view additional results
6 cases
  • State v. Dodd, No. 57414-6
    • United States
    • United States State Supreme Court of Washington
    • October 8, 1992
    ...determines that a defendant is competent, then proceedings terminate. Franz, 296 Ark. at 189-90, 754 S.W.2d 839; Simmons v. Arkansas, 298 Ark. 193, 194, 766 S.W.2d 422, 423 Nevada and Indiana require review of a death sentence, pursuant to state statutes. 9 In both states, a defendant may w......
  • Whitmore v. Arkansas, No. 88-7146
    • United States
    • United States Supreme Court
    • April 24, 1990
    ...given a knowing, intelligent, and voluntary waiver of his right to proceed, and his access to court is otherwise unimpeded. Pp. 161-166. 298 Ark. 193 and 255, 766 S.W.2d 422 and 423, certiorari dismissed. REHNQUIST, C.J., delivered the opinion of the Court, in which WHITE, BLACKMUN, STEVENS......
  • Fairchild v. Lockhart, No. PB-C-85-282.
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Eastern District of Arkansas
    • April 4, 1989
    ...least certain fundamental constitutional issues? Perhaps the U.S. Supreme Court's decision, if certiorari is granted, in Simmons v. State, 298 Ark. 193, 766 S.W.2d 422 (1989) (third party seeking review), will give us some indication whether there will be any limitation placed upon the Gilm......
  • Hamblen v. Dugger, No. 89-567-Civ-J-12.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • July 10, 1989
    ...Supreme Court Term. See Whitmore v. Arkansas, ___ U.S. ___, 109 S.Ct. 3240, 106 L.Ed.2d 588 (1989), granting cert. to Simmons v. State, 298 Ark. 193, 766 S.W.2d 422, 423 (1989). Recent cases continue to cite Weber favorably. See, e.g., Smith By and Through the Mo. Public Defender Comm'n v. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT