Opinion
Delivered May 30, 1989
Rule 37. of the Arkansas Rules of Criminal Procedure is abolished effective July 1, 1989, however, persons who have been convicted and sentenced during the time the rule was in effect may proceed in accordance with the rule as it existed prior to that date.
Rule 36.4. is amended effective July 1, 1989, by adding the following paragraph:
The trial judge must address the defendant personally and advise the defendant that if the defendant wishes to assert that his or her counsel was ineffective a motion for a new trial stating ineffectiveness of counsel as a ground must be filed within thirty (30) days from the date of pronouncement of sentence and entry of judgment. The judge must further advise the defendant that, if a motion for a new trial is filed asserting facts sufficient to raise an issue whether his or her counsel was ineffective, a hearing will be held, and the time for filing a notice of appeal will not expire until thirty (30) days after the disposition of the motion, as provided in Rule 36.22.