Summary
The Supreme Court of Arkansas affirmed the dismissal of Michael Brian Arnett’s petition for a writ of habeas corpus. The court held that Arnett failed to show that he was incarcerated pursuant to the challenged 2010 misdemeanor convictions, and explained that habeas corpus was not a substitute for a timely petition under Arkansas Rule of Criminal Procedure 37.1.
Topics
Practice areas
Questions Presented
- Whether Arnett established a basis for habeas relief by showing that he was in custody pursuant to the challenged 2010 misdemeanor judgments.
- Whether a habeas petition could serve as a substitute for a timely petition for post-conviction relief under Arkansas Rule of Criminal Procedure 37.1.
Holdings
- Arnett was not entitled to habeas relief because he did not demonstrate that he was in custody pursuant to the 2010 misdemeanor judgments he challenged.
- A habeas petition is not a substitute for a timely petition for post-conviction relief under Arkansas Rule of Criminal Procedure 37.1 when the petitioner seeks to challenge the validity of a judgment but does not establish a habeas basis for release.
Key quotations
“A writ of habeas corpus is proper when a judgment of conviction is invalid on its face or when a trial court lacked jurisdiction over the cause.” (2)
“As appellant did not demonstrate that he was in custody pursuant to the 2010 misdemeanor judgments, he did not establish a ground for a writ of habeas corpus to effect his release from custody.” (3)
Factual background
Arnett was incarcerated under a 2009 judgment convicting him of second-degree murder and abuse of a corpse, for which he received an aggregate sentence of 360 months' imprisonment; that judgment was affirmed in 2010. His 2013 habeas petition challenged two misdemeanor convictions entered in 2010 in Clark County, carrying an aggregate twelve-month county-jail sentence. Arnett did not allege, and the circuit court found, that he was presently incarcerated in Lincoln County because of the misdemeanor judgments.
Procedural history
Arnett filed a pro se habeas petition in 2013 in the circuit court of the county where he was incarcerated. The petition challenged two 2010 misdemeanor convictions from the Clark County Circuit Court. The Lincoln County Circuit Court dismissed the petition, concluding that Arnett was not in custody on those judgments and that the claims should have been raised through a timely petition under Arkansas Rule of Criminal Procedure 37.1. The Supreme Court of Arkansas affirmed.