{
  "id": 1873760,
  "name": "Kenny HALFACRE v. STATE of Arkansas",
  "name_abbreviation": "Halfacre v. State",
  "decision_date": "1986-11-10",
  "docket_number": "",
  "first_page": "312",
  "last_page": "313",
  "citations": [
    {
      "type": "official",
      "cite": "290 Ark. 312"
    },
    {
      "type": "parallel",
      "cite": "718 S.W.2d 945"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "702 S.W.2d 411",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "case_ids": [
        1876566
      ],
      "year": 1986,
      "opinion_index": 0,
      "case_paths": [
        "/ark/287/0468-01"
      ]
    },
    {
      "cite": "287 Ark. 473",
      "category": "reporters:state",
      "reporter": "Ark.",
      "year": 1986,
      "opinion_index": 0
    },
    {
      "cite": "290 Ark. 100",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1873793
      ],
      "weight": 2,
      "year": 1986,
      "opinion_index": 0,
      "case_paths": [
        "/ark/290/0100-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "3d82efb23c475e93f998dfaed8c5c531656c26500036534e34be42a49c1dafaf",
    "simhash": "1:4814fa01a7d94b39",
    "word_count": 378
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  "last_updated": "2023-07-14T18:33:16.506369+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Kenny HALFACRE v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nIn March 1986, the Court of Appeals affirmed Kenny Halfacre\u2019s convictions for burglary and theft of property. Halfacre v. State, CA CR 85-171 (March 12, 1986). In May, we denied Halfacre\u2019s postconviction petition to proceed under Rule 37. Halfacre v. State, CR 85-165 (May 5, 1986). On October 21, 1986, more than seven months after the Court of Appeals affirmed the convictions, Halfacre filed the instant motion in which he asks this court to grant a belated petition for review of the Court of Appeals\u2019 decision. Petitioner Halfacre does not contend that he did not know that the case had been affirmed in time to file a timely petition for review. We find no basis to grant a belated review.\nOver his objection, petitioner\u2019s wife was permitted to testify against him at trial. The Court of Appeals held that the testimony was admissible under the Uniform Rules of Evidence, Rule 504. Petitioner now contends that our recent decision in Ricarte v. State, 290 Ark. 100, 717 S.W.2d 488 (1986), in which we held that the Uniform Rules of Evidence were not validly adopted by the legislature in 1976, would compel reversal on that point.\nPetitioner has misunderstood the extent of the holding in Ricarte. It does not provide a remedy unless the issue of the validity of the uniform rules was raised in the trial court. This was not done at petitioner\u2019s trial. There, the issue was limited to whether the wife\u2019s testimony was a confidential communication within the meaning of Rule 504. An appellant cannot change the grounds for an objection in a petition for rehearing or review. See Vasquez v. State, 287 Ark. 473-A, 702 S.W.2d 411 (1986). More importantly, a petition for review must be filed within seventeen days of the date of the Court of Appeals\u2019 decision. Rules of Supreme Court, Rule 29(6). There is no provision in our rules for a belated petition for review.\nPetition denied.\nThe Uniform Rules of Evidence were adopted by this court effective on the date of the Ricarte decision.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Appellant, pro se.",
      "Steve Clark, Att\u2019y Gen., by: Theodore Holder, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Kenny HALFACRE v. STATE of Arkansas\n718 S.W.2d 945\nSupreme Court of Arkansas\nOpinion delivered November 10, 1986\nAppellant, pro se.\nSteve Clark, Att\u2019y Gen., by: Theodore Holder, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0312-01",
  "first_page_order": 340,
  "last_page_order": 341
}