Atkins v. State

|1In 2007, appellant Marcus Terrell Atkins was found guilty by a jury of first-degree battery, kidnapping, being a felon in possession of a firearm, and use of a firearm in commission of a felony. An aggregate sentence of 480 months’ imprisonment was imposed. The Arkansas Court of Appeals affirmed. Atkins v. State, 2009 Ark. App. 124, 302 S.W.Bd 635.

Subsequently, appellant timely filed in the trial court a pro se petition for post-conviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1 (2007). The petition was denied. No appeal was taken, and this court ultimately granted leave…