{
  "id": 5569260,
  "name": "Henry Jay BUNCH v. STATE of Arkansas",
  "name_abbreviation": "Bunch v. State",
  "decision_date": "2007-05-24",
  "docket_number": "CR 06-1384",
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  "last_updated": "2023-07-14T22:32:56.927728+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Henry Jay BUNCH v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nA jury found appellant Flenry Jay Bunch guilty of aggravated robbery, three counts of attempted capital murder, felon in possession of a firearm, theft by receiving, possession ofmethamphetamine, possession ofpseudoephedrine with intent to manufacture methamphetamine, and simultaneous possession of drugs and a firearm. Appellant was sentenced to an aggregate term of 1,140 months\u2019 imprisonment in the Arkansas Department of Correction. The Arkansas Court of Appeals affirmed the judgment with the modification that the aggravated-robbery charge be merged into one of the attempted-capital-murder charges. Bunch v. State, 94 Ark. App. 247, 228 S.W.3d 534 (2006). Appellant timely filed in the trial court a pro se petition for postconviction relief under Ark. R. Crirn. P. 37.1, which was denied.\nAppellant has brought an appeal of that order in this court, and the State now brings this motion to dismiss. The State alleges that appellant\u2019s petition was not verified as required by Rule 37.1(c). Effective March 1, 2006, Rule 37.1 was amended to more clearly require that the petition be verified. That amendment provided the form of the affidavit to be attached to the petition. While appellant\u2019s petition was notarized, it did not contain an affidavit or statement substantially in the form of the affidavit required by the Rule. We agree that appellant\u2019s petition was deficient. Appellant did later file a motion to amend his petition, which, if sufficient, would have been within the sixty-day period under Ark. R. Crim. P. 37.2(c) for a timely petition. That motion, however, was also not properly verified according to Rule 37.1(c).\nBecause appellant failed to meet the requirements for postconviction relief under Rule 37.1, the trial court did not err in denying appellant\u2019s petition. Although the trial court did not deny the petition based upon its lack of verification, the trial court could not consider the issues in the petition. See Shaw v. State, 363 Ark. 156, 211 S.W.3d 506 (2005). This court has consistently held that an appeal of the denial of postconviction relief will not be permitted to go forward where it is clear that the appellant could not prevail. Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999) (per curiam); Seaton v. State, 324 Ark. 236, 920 S.W.2d 13 (1996) (per curiam); Harris v. State, 318 Ark. 599, 887 S.W.2d 514 (1994) (per curiam); Reed v. State, 317 Ark. 286, 878 S.W.2d 376 (1994) (per curiam). It is clear here that appellant cannot prevail because the record does not establish that the trial court could consider appellant\u2019s petition. Because the petition was not verified as required by Rule 37.1(c), we dismiss the appeal and the State\u2019s request for an extension of time in which to file its brief is moot.\nMotion to dismiss granted; motion for extension of time moot.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Dustin McDaniel, Att\u2019y Gen., by: Brad Newman, Ass\u2019t Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Henry Jay BUNCH v. STATE of Arkansas\nCR 06-1384\n257 S.W.3d 533\nSupreme Court of Arkansas\nOpinion delivered May 24, 2007\nDustin McDaniel, Att\u2019y Gen., by: Brad Newman, Ass\u2019t Att\u2019y Gen., for appellee."
  },
  "file_name": "0113-01",
  "first_page_order": 137,
  "last_page_order": 139
}