Blackmon v. State

Frank Holt, Justice.

Appellant was convicted of second degree murder and sentenced to 35 years’ imprisonment. He subsequently filed a pro se petition for post conviction relief requesting an evidentiary hearing. Ark. Stat. Ann. Vol. 4A, Rules of Crim. Proc., Rule 37 (Repl. 1977). In a supplemental document, appellant alleged that he was denied effective assistance of counsel. We granted appellant’s motion to proceed under Rule 37. The circuit court denied the petition without an evidentiary hearing pursuant to Rule 37.3 (a) which provides that a Rule 37 motion may be disposed of without a…