Bohanan v. State

Robert L. Brown, Justice.

L. Brown, Justice. I cannot disagree that our recent gree that our recent cases that touch and concern Ark. R. Crim. P. 37.1 indicate that physical custody is a prerequisite to petitioning for relief. This is so even though Rule 37.1 merely uses the term “custody” and does not distinguish between legal custody or physical custody.

I am mindful, however, that in this case where parole is the issue, the order of conditional release makes reference to the fact that the respondent, Bohanan, is still in legal custody. This would be sufficient custody for postconviction…