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Anderson v. State

Supreme Court of Arkansas

January 22, 2015

RICKY RAY ANDERSON, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

Page 213

NO. 72CR-09-1230. HONORABLE WILLIAM A. STOREY, JUDGE.

AFFIRMED.

Ricky Ray Anderson, Pro se, appellant.

Dustin McDaniel, Att'y Gen., by: Brad Newman, Ass't Att'y Gen., for appellee.

OPINION

Page 214

PRO SE APPEAL FROM THE WASHINGTON COUNTY CIRCUIT COURT

Page 215

PER CURIAM

Appellant Ricky Ray Anderson appeals the denial of his petition for postconviction relief under Arkansas Rule of Criminal Procedure 37.1 (2014) that challenged a judgment reflecting his conviction for capital murder and sentence of life imprisonment without the possibility of parole. We affirm the order denying postconviction relief.

In 2010, a jury found appellant guilty of murdering Jill Ulmer, his former girlfriend. This court affirmed the judgment. Anderson v. State, 2011 Ark. 461, 385 S.W.3d 214. Appellant then filed in the trial court a timely, verified petition under Rule 37.1. The trial court held a hearing on the petition, and it entered an order with findings of facts and conclusions of law that denied and dismissed the petition. Appellant lodged this appeal and alleges that the trial court erred in denying his motion for appointment of counsel, failed to provide an adequate order, and failed to find that counsel was ineffective, as well as a number of additional bases.

Appellant's briefs are difficult to follow. He attempts to raise numerous claims not raised below and not addressed by the circuit court, and he expands the arguments for those claims he did raise.[1] Claims not raised below are not preserved for appellate review. Pollard v. State, 2014 Ark. 226 (per curiam). An appellant is limited to the scope and nature of his arguments made below, and we consider only those arguments that were considered by the trial court in rendering its ruling. See Stewart v. State, 2014 Ark. 419, 443 S.W.3d 538 (per curiam).

Appellant claims that it was error for the trial court not to appoint counsel to represent him for the Rule 37.1 proceedings, which he asserts was required under the United States Supreme Court's holdings in Martinez v. Ryan, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012) and Trevino v. Thaler, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013). This argument was not preserved at the trial court. The court acknowledged that appellant had sought counsel through a motion and that it had not appointed counsel, but the court did not provide a clear ruling on the request nor did appellant clearly object.

Appellant next contends that the trial court was required to provide a ruling on all claims raised in the proceedings and that the order was therefore insufficient under our procedural rules. It is true that Arkansas Rule of Criminal Procedure 37.3(a) provides that the trial court must provide written findings specifying the parts of the files or records relied on in support of its findings before dismissing a Rule 37.1 petition summarily. In cases where this court cannot determine from the record that the petition is wholly without merit or where the allegations in the petition are such that it is conclusive on the face of the petition that no relief is warranted, the failure to provide written findings on a claim ...


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