{
  "id": 243599,
  "name": "Melvin DULANEY v. STATE of Arkansas",
  "name_abbreviation": "Dulaney v. State",
  "decision_date": "1999-09-16",
  "docket_number": "CR 98-49",
  "first_page": "548",
  "last_page": "550",
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      "cite": "999 S.W.2d 181"
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    "name": "Arkansas Supreme Court"
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      "reporter": "Ark.",
      "case_ids": [
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      "year": 1981,
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      "reporter": "S.W.2d",
      "year": 1986,
      "opinion_index": 0
    },
    {
      "cite": "264 Ark. 954",
      "category": "reporters:state",
      "reporter": "Ark.",
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    {
      "cite": "327 Ark. 30",
      "category": "reporters:state",
      "reporter": "Ark.",
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  "analysis": {
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    "char_count": 3438,
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  "last_updated": "2023-07-14T15:43:54.470477+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Melvin DULANEY v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nMelvin Dulaney was convicted by a jury of possession of cocaine with the intent to deliver, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. For these crimes, Dulaney received a cumulative sentence of thirty-four years\u2019 imprisonment. We subsequently affirmed appellant\u2019s conviction in Dulaney v. State, 327 Ark. 30, 937 S.W.2d 162 (1997). Thereafter, appellant filed a Rule 37 petition. After a hearing, the circuit court denied appellant\u2019s petition with regard to numerous allegations of ineffective assistance of counsel. However, the court found that appellant had been sentenced improperly to seven years on the revocation of a suspended sentence, and appellant\u2019s seven-year sentence was reduced to three years.\nOn appeal from the denial of his ineffective-assistance claims, appellant raises numerous points challenging the court\u2019s finding that counsel was not ineffective. Unfortunately, the circuit court has failed to make sufficient written findings on the points raised in appellant\u2019s petition for postconviction relief. Thus, we are unable to effectively review the evidence and the court\u2019s reasoning to determine if the court\u2019s conclusions were clearly against the preponderance of the evidence.\nIn Rawls v. State, 264 Ark. 954, 581 S.W.2d 323 (1986), we pointed out the distinction between cases decided pursuant to Rule 37.3(a), where no hearing is held and where we may excuse the failure to make written findings, and those decided under Rule 37.3(c), where a hearing has been held and where we may not excuse the failure to make written findings. We held no such findings were necessary in that case because the trial court apparently decided the motion without a hearing. There was no record of a hearing in the transcript of the proceedings. We pointed out, however, that \u201c[w]e have held that written findings must be made whenever an evidentiary hearing is held.\u201d\nIn Williams v. State, 272 Ark. 98, 99, 612 S.W.2d 115, 115 (1981), we noted that \u201c[w]e have held without exception that this rule is mandatory and requires written findings,\u201d Citing State v. Maness, 264 Ark. 190, 569 S.W.2d 665 (1978); Robinson v. State, 264 Ark. 186, 569 S.W.2d 662 (1978). In Bumgarner v. State, 288 Ark. 315, 705 S.W.2d 10 (1986), we made it clear that the requirement of written findings of fact applies to any issue upon which a Rule 37 hearing is held.\nHere, the court\u2019s order addressing ineffective assistance of counsel provided:\nThat the performance of Mark Reese as counsel for defendant, during and leading up to his trial, did not fall below the standard expected of counsel, and was not ineffective assistance of counsel.\nThat defendant\u2019s appeal was perfected by attorneys other than trial counsel; therefore trial counsel, Mark Reese was not ineffective in perfecting the defendant\u2019s appeal rights.\nThe court\u2019s order does not address the numerous allegations listed in appellant\u2019s petition nor those reiterated on appeal. The court\u2019s order is conclusory in nature. Thus, we must remand the case in accordance with Rule 37.3(c) for fact-findings on the issues of ineffective assistance of counsel brought forth in appellant\u2019s Rule 37 petition.\nReversed and remanded.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Cross, Kearney & McKissic, by; Jesse L. Kearney, for appellant.",
      "No response."
    ],
    "corrections": "",
    "head_matter": "Melvin DULANEY v. STATE of Arkansas\nCR 98-49\n999 S.W.2d 181\nSupreme Court of Arkansas\nOpinion delivered September 16, 1999\nCross, Kearney & McKissic, by; Jesse L. Kearney, for appellant.\nNo response."
  },
  "file_name": "0548-01",
  "first_page_order": 578,
  "last_page_order": 580
}