Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gould v. State

Court of Appeals of Arkansas, Division I

September 25, 2019

Cortez Lamont GOULD, Appellant
v.
STATE of Arkansas, Appellee

Page 183

[Copyrighted Material Omitted]

Page 184

[Copyrighted Material Omitted]

Page 185

          APPEAL FROM THE FAULKNER COUNTY CIRCUIT COURT [NO. 23CR-12-961], HONORABLE CHARLES E. CLAWSON, JR., JUDGE

         James Law Firm, by: Michael K. Kaiser, Megan M. Wilson, and William O. "Bill" James, Jr., Little Rock, for appellant.

         Leslie Rutledge, Att’y Gen., by: Pamela Rumpz, Ass’t Att’y Gen., for appellee.

         OPINION

         KENNETH S. HIXSON, Judge

          Appellant Cortez Gould appeals after the Faulkner County Circuit Court entered an order denying his petition for postconviction relief filed pursuant to Arkansas Rule of Criminal Procedure 37. Gould raises four points on appeal claiming ineffective assistance by his trial counsel. We affirm.

         Gould was convicted by a jury of aggravated robbery and theft of property, with sentence enhancements for using a firearm in the commission of the offenses. Gould was sentenced to forty years in prison. Gould appealed from his convictions, arguing that the trial court erred in denying his motion for mistrial due to alleged juror misconduct. We affirmed his convictions in Gould v. State, 2016 Ark.App. 124, 484 S.W.3d 678, and our mandate was issued on March 15, 2016.

          Gould filed in the trial court a pro se petition for postconviction relief under Rule 37, claiming ineffective assistance of counsel and asking for a new trial. Gould’s Rule 37 petition was file-marked on May 25, 2016, which was seventy-one days after our mandate issued.[1] After a hearing, the trial court entered an order denying Rule 37 relief on April 19, 2018. Gould appealed from the trial court’s April 19, 2018 order.

          After Gould filed his brief in this appeal, but before the case was submitted, the State filed a motion to dismiss Gould’s appeal. In its motion, the State argued that Gould’s Rule 37 petition was untimely filed in the trial court, and that there was a lack of compliance with the prison mailbox rule. The State’s motion to dismiss was passed until submission of the case.

         The case was submitted, and in Gould v. State, 2019 Ark.App. 333, 2019 WL 2364460, we remanded to supplement the record with the postmarked envelope in which Gould mailed his petition from his confinement in a correctional facility. Arkansas Rule of Criminal Procedure 37.2(g),

Page 186

which is sometimes referred to as the prison mailbox rule, provides that "[t]he envelope in which the petition is mailed to the circuit clerk shall be retained by the circuit clerk and included in the record of any appeal of the petition." In remanding to supplement the record, we concluded that the postmarked envelope, which was not contained in the original record lodged with our clerk, was necessary for our review of whether Gould’s petition was timely filed.

          The record has now been supplemented, and the postmarked envelope shows that Gould mailed his petition to the Faulkner County Circuit Clerk on May 9, 2016. Inexplicably, the petition ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.