ARKANSAS SUPREME COURT
No. CR 06-587
NOT DESIGNATED FOR PUBLICATION
STATE OF ARKANSAS
Opinion Delivered February 15, 2007
PRO SE APPEAL FROM THE CIRCUIT
COURT OF DREW COUNTY, CR 2003-
184, HON. ROBERT BYNUM GIBSON,
REVERSED AND REMANDED.
In 2004, appellant Marcus Young entered a plea of guilty to the offense of committing a
terroristic act and was sentenced by a jury to 240 months’ imprisonment. Appellant appealed from
the sentence, and the Arkansas Court of Appeals affirmed. Young v. State, CACR 04-925 (Ark. App.
Apr. 13, 2005).
Appellant, who was represented by counsel, timely filed in the trial court a verified petition
for postconviction relief under Ark. R. Crim. P. 37.1. He subsequently filed two amended Rule 37.1
petitions, neither of which was verified. Both amendments repeated the grounds in the original
petition and added new grounds. The trial court denied relief in the following order:
The Rule 37 petition filed herein is denied because neither the defendant
nor his attorney verified the petition. The clerk is ordered to provide
file-marked copies of this order to the attorneys of record. It is so ordered.
Appellant brings this appeal from the order.
Arkansas Rule of Criminal Procedure 37.1(d) requires that a petition seeking relief pursuant
to the rule be verified. The verification requirement for a postconviction-relief petition is of
substantive importance to prevent perjury. Carey v. State, 268 Ark. 332, 596 S.W.2d 688 (1980).
To serve this purpose, a petitioner must execute the verification, and if the petitioner is represented
by counsel, counsel may not sign and verify the petition for him. Boyle v. State, 362 Ark. 248, 208
S.W.3d 134 (2005) (per curiam). A trial court cannot consider the issues in a petition which does
not comply with the verification requirement of the rule. See Shaw v. State, 363 Ark. 156, ___
S.W.3d ___ (2005) (per curiam).
Appellant urges this court to find that the trial court erred