Moore v. State
2014 Ark. 231
| Ark. | 2014Background
- Appellant Trammell Moore pled guilty to murder in the first degree and related offenses; aggregate sentence 348 months.
- Moore filed a pro se 16-90-111 petition seeking reduction of sentence, claiming excessiveness and a manslaughter/self-defense context.
- Trial court denied the petition; Moore appealed the denial and sought an extension of time to file his brief.
- Appellate review treated the petition as potentially cognizable under Rule 37.1 and considered timeline under Rule 37.2(c)(i).
- The court held that the appeal is moot and that Moore failed to show entitlement to relief; the appeal is dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Moore's appeal is moot and can be entertained. | Moore contends there is merit to his Rule 37.1/16-90-111 claims. | State asserts no merit and that the appeal should be dismissed as moot. | Appeal dismissed; motion moot. |
| Whether the trial court lacked jurisdiction to modify a valid sentence after execution. | Moore argues for sentence reduction under 16-90-111. | State asserts trial court cannot modify a valid sentence after execution. | Trial court lacked jurisdiction to modify after execution; petition without merit. |
| Whether Moore adequately alleged ineffective assistance of counsel under Rule 37.1 to justify postconviction relief. | Alleges ineffective assistance and requests relief under Rule 37.1. | Counsel’s performance not shown to be deficient or prejudicial. | Moore failed to demonstrate prejudice; no postconviction relief. |
Key Cases Cited
- Paige v. State, 2013 Ark. 432 (Ark. (per curiam) 2013) (reversal standard for Rule 37.1 appeals)
- Pankau v. State, 2013 Ark. 162 (Ark. 2013) (per curiam; postconviction relief standard)
- Stanley v. State, 2013 Ark. 483 (Ark. 2013) (cognizability of Rule 37.1 petitions; cited for jurisdiction)
- Denson v. State, 2013 Ark. 209 (Ark. 2013) (jurisdictional limits on modifying valid sentences)
- Purifoy v. State, 2013 Ark. 26 (Ark. 2013) (treatment of petitions cognizable under Rule 37.1)
- Hickey v. State, 2013 Ark. 237 (Ark. 2013) (ineffective assistance of counsel standard under Rule 37.1)
- Dotson v. State, 2013 Ark. 382 (Ark. 2013) (Rule 37.1 plea voluntariness and counsel effectiveness)
- Thompson v. State, 2013 Ark. 179 (Ark. 2013) (Strickland standard applied in postconviction appeals)
- Meek v. State, 2013 Ark. 314 (Ark. 2013) (plea-based prejudice analysis in Rule 37.1)