{
  "id": 1748207,
  "name": "Donald James CARRIER v. STATE of Arkansas",
  "name_abbreviation": "Carrier v. State",
  "decision_date": "1983-03-07",
  "docket_number": "CR 82-128",
  "first_page": "542",
  "last_page": "544",
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      "cite": "647 S.W.2d 449"
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  "last_updated": "2023-07-14T21:48:23.352095+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Donald James CARRIER v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellant Donald James Carrier was convicted by the trial court sitting without a jury of first degree murder and sentenced to life imprisonment in the Arkansas Department of Correction. It is from that conviction that appellant brings this appeal.\nPursuant to Anders v. California, 386 U.S. 738 (1967), appellant\u2019s counsel has filed a motion to be relieved as counsel and a brief stating there is no merit to the appeal. The State concurs that the appeal has no merit. Appellant has filed a pro se brief in which he raises ineffective assistance of counsel as a point for reversal. The allegation cannot be considered, however, because allegations of ineffective assistance of counsel may not be raised for the first time on appeal. Sumlin v. State, 273 Ark. 185, 617 S.W.2d 372 (1981). The proper remedy to challenge the adequacy of an attorney\u2019s representation is a petition for postconviction relief under A.R.Cr.P. Rule 37.\nAppellant was charged with the strangulation death of. an El Dorado woman. He waived trial by jury and stipulated that the facts supporting the charge, including his handwritten statement about the crime, psychologist\u2019s and psychiatrist\u2019s reports, the police report, medical examiner\u2019s report and crime lab report, would be submitted to the trial court for its determination of whether he was mentally incompetent when the crime was committed.\nIf the accused wishes to submit the question of his legal responsibility for a crime to the trial court on documentary evidence by stipulation without the appearance \u00f3f witnesses, he may do so. See United States v. Wray, 608 F.2d 722 (8th Cir. 1979), cert. denied 444 U.S. 1048 (1979). The trial court then has the duty as trier of fact to determine from the evidence before it whether the accused was legally sane or insane. Parker v. State, 268 Ark. 441, 597 S.W.2d 586 (1980). The appellate court does not attempt to weigh the evidence or pass on the credibility of the medical reports where the opinions of the doctors conflict. Parker, supra; Curry v. State, 271 Ark. 913, 611 S.W.2d 745 (1981). This Court must affirm the trial court\u2019s finding on the issue of sanity if there is substantial evidence to support it. Parker, supra. In appellant\u2019s case the psychiatric report of the Arkansas State Hospital concluded that he was \u201cfit and responsible.\u201d We find this to be substantial evidence to support the trial court\u2019s finding.\nFrom a review of the record and briefs before this Court, we find the appeal to be without merit. Accordingly, counsel\u2019s motion to be relieved is granted and the judgment is affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Ronald L. Griggs, tor appellant.",
      "Steve Clark, Atty. Gen., by: Alice Ann Burns, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Donald James CARRIER v. STATE of Arkansas\nCR 82-128\n647 S.W.2d 449\nSupreme Court of Arkansas\nOpinion delivered March 7, 1983\nRonald L. Griggs, tor appellant.\nSteve Clark, Atty. Gen., by: Alice Ann Burns, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0542-01",
  "first_page_order": 572,
  "last_page_order": 574
}