Hayes v. State, 2013 Ark. 450

Hayes was convicted of first-degree terroristic threatening, felon in possession of a firearm, and intimidating a witness and is in state custody.
Postconviction relief under Rule 37 was denied; Hayes appealed and moved to reconsider, then filed a supplemental notice of appeal.
Arkansas Court of Appeals remanded on certain issues; the transcript contains gaps and inconsistencies affecting jurisdiction.
Rule 37.2(a) requires no Rule 37 proceedings while direct appeal is pending; the record on remand is incomplete to determine jurisdiction.
A psychological evaluation dated October 21, 2009 indicated Hayes lacked capacity to assist in his defense due to bipolar disorder and depression.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the case should be remanded to settle the record for Rule 37 jurisdiction	Hayes argues remand is needed to address ignored claims and reconsideration rulings.	State maintains remand is necessary to resolve gaps in the record affecting jurisdiction.	Remanded to settle the record.
Whether the circuit court properly denied Rule 37 relief on ineffective-assistance grounds	Hayes asserts ineffective assistance of counsel warrant relief.	State contends the record is inadequate to rule without a settled record.	Remand to settle the record; issue undecided pending record completion.
Whether lack of competence evidence at trial requires a hearing on a new trial	Hayes challenges failure to hold a hearing addressing competence evidence.	State argues record gaps preclude ruling on competence and new-trial issues.	Remand to settle the record; competence issue unresolved pending record.

Scott v. State, 406 S.W.3d 1 (Ark. 2012) (jurisdiction for Rule 37.2 raised by incomplete remand record)