Justia Arkansas Supreme Court Opinion Summaries
Articles Posted in Criminal Law
McClinton v. State
The Supreme Court dismissed Appellant’s appeal from the trial court’s denial of his pro se petition for writ of habeas corpus filed under Act 1780 of 2001 Acts of Arkansas, Ark. Coe Ann. 16-112-201 to -208, which rendered moot Appellant’s pro se motion for leave to add to the addendum of his appeal brief. The court ruled that it need not consider Appellant’s motion to supplement the addendum because there was clearly no merit to his appeal. Specifically, the court held that Appellant failed to demonstrate entitlement to habeas relief under Act 1780. View "McClinton v. State" on Justia Law
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Criminal Law
Brown v. State
The Supreme Court affirmed the trial court’s denial of Appellant’s pro se petition and amended petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37.1, in which Appellant raised multiple claims of ineffective assistance of counsel. The trial court conducted an evidentiary hearing and issued written findings on those issues it considered to have been raised during the course of the hearing. At that hearing, Appellant did not specifically reassert all the claims set forth in the petitions. On appeal, Appellant claimed that the trial court committed reversible error pursuant to Ark. R. Crim. P. 37.3(a) by failing to specifically all the claims raised in his petitions. The Supreme Court affirmed, holding (1) Appellant waived any issues he alleged should have been ruled on by the trial court; and (2) because Appellant failed to argue the merits of the claims on which the trial court ruled, those issues were considered abandoned. View "Brown v. State" on Justia Law
Noble v. State
The Supreme Court dismissed Appellant’s appeal from an order of the Lee County Circuit Court denying his pro se petition for writ of habeas corpus filed under Ark. Coe Ann. 16-112-101 to -123. In his petition, Appellant argued that the writ should issue because the judgment entered in his case was illegal where the trial court ordered a firearm enhancement to be served consecutively to the sentence imposed for first-degree murder. The Supreme Court dismissed the appeal because Appellant was no longer incarcerated within the jurisdiction of the Lee County Circuit Court. View "Noble v. State" on Justia Law
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Criminal Law
Dunahue v. Kelley
The Supreme Court dismissed the appeal filed by Appellant from the Lincoln County Circuit Court’s denial of his pro se petition for a writ of habeas corpus. Appellant filed his petition pursuant to Ark. Code Ann. 16-112-101 to - 123. In dismissing Appellant’s petition, the circuit court found that Appellant was no longer within its jurisdiction and that none of Appellant’s claims were cognizable in a habeas proceeding. The Supreme Court dismissed Appellant’s appeal, which rendered moot Appellant’s motion seeking to file a nonconforming belated brief, holding that a writ of habeas corpus issued by the Lincoln County Circuit Court could not be returned because, at the time the petition was dismissed, Appellant was incarcerated in Lee County. View "Dunahue v. Kelley" on Justia Law
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Criminal Law
Williams v. Honorable Steven Porch
The Supreme Court granted Petitioner’s pro se petition or writ of mandamus seeking to compel the circuit judge to rule on a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, a motion for a copy of the trial transcript, a motion for appointment of counsel, and a petition to proceed in forma pauperis, holding that Petitioner’s petition and related motions had been pending for beyond a time reasonably necessary to dispose of them. The Supreme Court, however, denied Petitioner’s request that this court compel the judge to declare Petitioner’s sentences and convictions void, grant an evidentiary hearing, appoint counsel, and order a new trial. View "Williams v. Honorable Steven Porch" on Justia Law
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Criminal Law
Garrison v. Kelley
The Supreme Court dismissed Appellant’s appeal from the circuit court’s denial of his pro se petition for writ of habeas corpus, in which Appellant alleged that the judgment-and-commitment order entered in his criminal case was facially invalid because the trial court erroneously instructed the jury regarding parole eligibility. In dismissing the petition, the circuit court found that Appellant had failed to establish probable cause that he was being held illegally, that the trial court lacked jurisdiction, or that the commitment was invalid on its face. The Supreme Court dismissed the petition, which rendered moot the motion Appellant filed in connection with the petition, holding that Appellant failed to establish probable cause for the writ to issue. View "Garrison v. Kelley" on Justia Law
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Criminal Law
Johnson v. State
The Supreme Court affirmed the order of the trial court dismissing Appellant’s pro se petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37.1, in which Appellant argued that his attorneys provided ineffective assistance during his criminal proceedings. The trial court found that Appellant failed to establish that he was not afforded effective assistance of counsel. The Supreme Court agreed, holding that Appellant’s attorneys were not ineffective for failing to object to certain testimony in the sentencing proceeding, for not calling certain witnesses, and for advising Appellant to plead guilty. View "Johnson v. State" on Justia Law
Perry v. State
The Supreme Court dismissed Appellant’s appeal from the denial by the Chico County Circuit Court of his pro se petition for writ of habeas corpus, which rendered moot Appellant’s motion seeking to file a belated brief on appeal. Appellant filed his habeas corpus petition pursuant to Ark. Code Ann. 16-112-101 to -123. In denying the petition, the circuit court found that the petition contained no allegations that Appellant’s judgment-and-commitment order imposed an illegal sentence or was invalid on its face, or that the trial court lacked jurisdiction. The Supreme Court held a writ of habeas corpus issued by the Chico County Circuit Court could not be returned because Appellant was no longer within its jurisdiction. View "Perry v. State" on Justia Law
Posted in:
Criminal Law
Griffin v. State
The Supreme Court dismissed Appellant’s appeal from the denial by the trial court of his pro se petition for writ of error coram nobis, which rendered moot Appellant’s motion for extension of brief time, holding that it was clear from the record that Appellant could not prevail on appeal. In his coram nobis petition, Appellant argued that he would not have pleaded guilty if he had been properly advised by his attorney and that he did not commit the offense of which he was convicted. The Supreme Court held that none of Appellant’s claims were cognizable as a ground for the writ, and therefore, the trial court did not err in denying the petition. View "Griffin v. State" on Justia Law
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Criminal Law
Porter v. State
The Supreme Court affirmed the judgment of the trial court denying Appellant’s pro se petition for writ of habeas corpus challenging a judgment reflecting his conviction on a robbery charge. The trial court found that Appellant had not demonstrated that his conviction should be dismissed or that he was being illegally detained. The trial court “appeared to treat the petition as a request for habeas relief not under Act 1780, in spite of Porter’s specific identification of the Act as his basis for relief.” The Supreme Court affirmed, holding that the trial court reached the correct result, even if it used the wrong analysis, holding that Petitioner’s petition failed as one under Act 1980 because Petitioner identified no scientific evidence and did not request testing or identify any testing to be performed. View "Porter v. State" on Justia Law
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Criminal Law