Montgomery v. State

DONALD L. CORBIN, Justice.

^Appellant James E. Montgomery appeals the order of the Greene County Circuit Court denying his petition for postcon-viction relief filed pursuant to Ark. R.Crim. P. 37.1 (2011). On appeal, Montgomery argues that it was error for the circuit court to deny his request for post-conviction relief, and to do so without holding a hearing. We affirm in part and reverse and remand in part.

Appellant was convicted of rape of his adopted granddaughter, K.M., who was then six years old. He was sentenced to twenty-five years’ imprisonment in the Arkansas Department of…