[Download] "Sparkman v. State" by Supreme Court of Arkansas * Book PDF Kindle ePub Free
eBook details
- Title: Sparkman v. State
- Author : Supreme Court of Arkansas
- Release Date : January 20, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Appellant Robert Lee Sparkman was convicted of the rape of a four-year-old girl and received a sentence of 216 months imprisonment in the Arkansas Department of Correction. This conviction was affirmed by the court of appeals in Sparkman v. State, 91 Ark. App. 138, 208 S.W.3d 822 (2005) (Sparkman I). Subsequently, Appellant timely filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, which the Benton County Circuit Court denied. Appellant has lodged an appeal here from that order. On appeal, he argues that the circuit court erred when it denied his Rule 37 petition without an evidentiary hearing because the petition was not conclusory and he did show prejudice as required by Strickland v. Washington, 466 U.S. 668 (1984). We agree, and reverse and remand for a new trial.