{
  "id": 1875401,
  "name": "Terry Wayne PORTER v. STATE of Arkansas",
  "name_abbreviation": "Porter v. State",
  "decision_date": "1986-07-14",
  "docket_number": "CR 85-226",
  "first_page": "475",
  "last_page": "476",
  "citations": [
    {
      "type": "official",
      "cite": "289 Ark. 475"
    },
    {
      "type": "parallel",
      "cite": "712 S.W.2d 304"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "280 Ark. 190",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
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      "weight": 2,
      "year": 1983,
      "opinion_index": 0,
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        "/ark/280/0190-01"
      ]
    },
    {
      "cite": "273 Ark. 315",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8719206
      ],
      "weight": 2,
      "year": 1981,
      "opinion_index": 0,
      "case_paths": [
        "/ark/273/0315-01"
      ]
    },
    {
      "cite": "283 Ark. 339",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1880012
      ],
      "weight": 2,
      "year": 1984,
      "opinion_index": 0,
      "case_paths": [
        "/ark/283/0339-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T19:22:34.211418+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Terry Wayne PORTER v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Robert H. Dudley, Justice.\nAppellant Terry Wayne Porter pleaded guilty to capital murder in January 1984. The following May he filed a petition seeking to vacate the plea pursuant to A.R.Cr.P. Rule 26.1. The petition was denied without written findings of fact. In 1985, petitioner filed a Rule 37 petition raising allegations similar to those raised in the earlier Rule 26.1 petition. The petition was denied with the docket notation \u201cprevious Rule 37\u2019s have been denied and the subsequent motion is likewise denied, because defendant is entitled to only one Rule 37 and has had more than that.\u201d Appellant brings this appeal. His sole argument is that the trial court erred in refusing to hold an evidentiary hearing on the petition. We affirm the trial court.\nThe trial court had already considered and denied one petition for post-conviction relief filed by the petitioner before he filed the petition in question. Although he labeled the first petition a petition pursuant to Rule 26.1, the trial court was free to consider it as a petition under Rule 37 since it raised grounds within the purview of Rule 37. Walker v. State, 283 Ark. 339, 676 S.W.2d 460 (1984). A petitioner is not entitled to file a second petition containing Rule 37 grounds unless his original petition was specifically denied without prejudice to filing a subsequent petition. A.R.Cr.P. Rule 37.2(b); Williams v. State, 273 Ark. 315, 619 S.W.2d 628 (1981). The rule governing second petitions applies to all petitioners, including those convicted of capital murder. Ruiz v. State, 280 Ark. 190, 655 S.W.2d 441 (1983).\nAffirmed.",
        "type": "majority",
        "author": "Robert H. Dudley, Justice."
      }
    ],
    "attorneys": [
      "Grant & Berry, by: Sandra T. Berry, for appellant.",
      "Steve Clark, Att\u2019y Gen., by: Mary Beth Sudduth, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Terry Wayne PORTER v. STATE of Arkansas\nCR 85-226\n712 S.W.2d 304\nSupreme Court of Arkansas\nOpinion delivered July 14, 1986\nGrant & Berry, by: Sandra T. Berry, for appellant.\nSteve Clark, Att\u2019y Gen., by: Mary Beth Sudduth, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0475-01",
  "first_page_order": 507,
  "last_page_order": 508
}