Cooper v. State

George Rose Smith, Justice.

This is a petition for postconviction relief under our Criminal Procedure Rule 1. Ark. Stat. Ann., Vol. 3A, 1969 Supp., p. 91. The trial court, without conducting an evidentiary hearing, found, in the language of the Rule, that the original record “conclusively” showed that the petitioner was entitled to no relief, for the reason that the asserted violation of the petitioner’s constitutional rights had been waived. For reversal the petitioner insists that the trial court should have granted a hearing upon the petition.

This petitioner and Willie Lee Paschal were…