Opinion

Phillips v. State

  • 334 Ark. 578
  • 976 S.W.2d 392
  • 1998 Ark. LEXIS 554
Court
Supreme Court of Arkansas
Filed
Oct 22, 1998
Status
Published
Author
Brown
On the bench
Brown, Imber
Cited by
2 cases
Authority
More cited than 1.5%

The opinion

Robert L. Brown, Justice, dissenting. This is a case where the trial judge obviously erred in finding that appellant’s Rule 37 petition was untimely, as the majority’s per curiam opinion acknowledges. Because of the error, the trial court found that it lacked subject-matter jurisdiction. The appellant who is pro se has appealed on the merits of his petition and has not raised the jurisdictional question. The majority declines to raise subject-matter jurisdiction on its own, and, thus, an error is perpetuated and the merits of this matter never reached.

We have been assiduous in raising subject-matter jurisdiction on our own when we observe that the trial court- did not have it. See, e.g., Vanderpool v. Fidelity & Cas. & Ins. Co., 327 Ark. 407 , 939 S.W.2d 280 (1997); Douthitt v. Douthitt, 326 Ark. 372 , 930 S.W.2d 371 (1996). Here, the trial court found it was without jurisdiction, and the trial court was wrong. I would correct the error, hold that the trial court did have subject-matter jurisdiction, and remand this case for a decision on the merits. The fact that the appellant is pro se should not militate against a remand in light of the fact that subject-matter jurisdiction is involved.

Imber, J., joins.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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