Walker v. State

I concur with the majority in holding that the trial judge was clearly erroneous in denying a hearing on appellant’s petition for post-convicticr relief.

A.R.Cr.P. Rule 37.3 (a) provides:

If the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the trial court shall make written findings to that effect, specifying any parts of the files or records that are relied upon to sustain the court’s findings.

It is only when the record before the trial court shows conclusively that a motion for post-conviction relief is without merit that an…