FROM THE FAULKNER COUNTY CIRCUIT COURT [NO. 23CR-14-827]
HONORABLE CHARLES E. CLAWSON, JR., JUDGE
Lambert, for appellant.
Rutledge, Att'y Gen., by: Pamela Rumpz, Ass't
Att'y Gen., for appellee.
and Vaught, JJ., agree.
J. GLADWIN, Judge
Richard Shreck, whose conviction by a Faulkner County Circuit
Court jury of two counts of conspiracy to commit rape was
affirmed on appeal, see Shreck v. State, 2017 Ark.
39, 510 S.W.3d 750, filed a petition for postconviction
relief. The Faulkner County Circuit Court denied the petition
and motion for reconsideration. Shreck appeals, arguing that
the circuit court erred in denying his petition under
Arkansas Rule of Criminal Procedure 37.1 (2018) without
holding an evidentiary hearing and for failing to make
findings of fact and conclusions of law as required by Rule
37.3. We agree; therefore, we reverse and remand for the
circuit court to either hold a hearing or issue written
findings in compliance with Rule 37.3(a).
Facts and Procedural Background
forth in the final underlying appeal before our supreme
court, the relevant facts and procedural background are as
The appellant entered an online chatroom and began to chat
with a police officer trained to investigate crimes against
children. The chatroom, which they were both in, typically
includes people who chat about sexually deviant behavior,
including sexually exploiting children. The online profile of
the officer was that of a single mother of a ten-year-old
daughter and an eight-year-old son whom she was willing to
make available for the sexual gratification of the chatroom
participants. The conversation between appellant and the
officer involved sexual acts with the officer's imaginary
children. Appellant ultimately made arrangements to meet the
officer and her imaginary children at a parking lot in Conway
and take them to Hot Springs for sex. Upon meeting the
officer, the appellant was placed in custody.
During the online conversations, appellant admitted that he
was interested in "snuff" and bondage sex. He also
stated that he had thought about snuffing a child. Further,
during one of the conversations, appellant sent a picture of
a device he made for snuffing women. He also asked for
pictures of the officer's imaginary children and stated
that he was talking about snuff sex with others, including a
sixteen-year-old girl. Testimony at circuit court described
snuff sex as killing someone during or after sex and
indicating that it may be done by impaling someone with a
Appellant was ultimately charged with two counts of
conspiracy to commit rape and two counts of attempted
internet stalking of a child. The internet-stalking charges
were nolle prossed by the State. A jury subsequently
convicted the appellant of two counts of conspiracy to commit
rape and sentenced him to 30 years in prison on each count.
During the sentencing phase, the officer testified regarding
the conversations centered on "snuff" and bondage
sex. Additionally, the State entered into evidence pictures
that depicted women being impaled during sex, which were
found on the defendant's computer, as well as the picture
of the device the defendant made for impaling women.
Shreck, 2017 Ark. 39, at 1-2, 510 S.W.3d at 751.
then filed a timely petition for post-conviction relief in
the circuit court. In that petition, he alleged that trial
counsel was ineffective in a number of respects. In a
three-paragraph order, the ...