Summary
The Supreme Court of Arkansas affirmed the denial of Kevin D. Tate’s petition for a writ of habeas corpus. Tate argued that the trial court improperly ordered consecutive sentences for first-degree murder and a firearm enhancement and that a hearing was required. The court held that he failed to demonstrate that the judgment was facially invalid or that the trial court lacked jurisdiction.
Topics
Practice areas
Questions Presented
- Whether Tate demonstrated that his judgment and commitment order was facially invalid or that the Garland County Circuit Court lacked subject-matter jurisdiction, so as to warrant habeas relief.
- Whether the trial court improperly ordered the firearm-enhancement sentence to run consecutively and whether a hearing was required on that issue.
Holdings
- Tate was not entitled to a writ of habeas corpus because he failed to demonstrate that the judgment was facially invalid or that the trial court lacked jurisdiction.
- The consecutive firearm-enhancement sentence did not demonstrate that Tate's judgment was facially invalid or otherwise provide a basis for habeas relief.
- The circuit court was not required to hold a hearing because Tate's sentencing claim did not state a ground for issuance of a habeas writ.
Key quotations
“A writ of habeas corpus is proper only when a judgment of conviction is invalid on its face or when a circuit court lacked jurisdiction over the cause.”
“A habeas proceeding does not afford a prisoner an opportunity to retry his or her case.”
Factual background
Tate was convicted by a jury in 2005 of first-degree murder arising from the shooting death of his girlfriend. He received a 480-month sentence and an additional 180-month firearm enhancement under Arkansas Code Annotated section 16-90-120, to be served consecutively. In his habeas petition, Tate challenged the consecutive nature of the sentences and argued that a hearing should have been held on that issue.
Procedural history
In 2005, Tate was convicted of first-degree murder in the Garland County Circuit Court and sentenced to 480 months' imprisonment, plus a consecutive 180-month firearm enhancement. In 2011, while incarcerated in Lee County, he filed a petition for writ of habeas corpus in the Lee County Circuit Court. That court denied the petition, and the Supreme Court of Arkansas affirmed.