KEMP v. STATE

No. CR09-77.

2009 Ark. 631

Timothy Wayne Kemp, Appellant, v. State of Arkansas, Appellee,

Supreme Court of Arkansas.

Opinion Delivered December 17, 2009.


JIM GUNTER, Associate Justice.

Appellant appeals the circuit court's order denying his motions for leave to file an overlength Rule 37 petition and for leave to file an amended petition. The circuit court's order also noted that the motions had been deemed denied pursuant to Ark. R. Crim P. 33.3(c). On appeal, appellant asserts that Rule 33.3(c) does not apply to Rule 37 proceedings and that his motions should have been granted. The State argues that...

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