Stewart v. State

David Newbern, Justice.

The appellant, Theodore Clark Stewart, was convicted of burglary. He petitioned the court for a new trial, pursuant to Ark. R. Crim. P. 37, alleging that his lawyer had been ineffective. The court denied relief, without holding a hearing, on the ground that the petition stated only conclusions rather than facts in support of the allegation. As we believe the petition stated sufficient facts to warrant a hearing, the case is reversed and remanded.

The petition alleged that Stewart’s counsel interviewed none of the state’s witnesses and did not file a discovery motion to…