Allen v. Kelley

Summary

The Arkansas Supreme Court dismissed David Lee Allen’s appeal from the denial of his petition for a writ of habeas corpus, concluding that he could not prevail. The court held that Allen’s ineffective-assistance, sentencing-age, and jury-selection claims either were not cognizable in habeas proceedings or did not establish that the judgment was facially invalid or that the trial court lacked jurisdiction. His motion to file a belated brief was deemed moot.

Holdings

1. An appeal from an order denying a petition for post-conviction relief, including habeas relief, will not be permitted to proceed when it is clear that the appellant could not prevail.
2. Claims alleging ineffective assistance of trial counsel are not cognizable in a habeas proceeding.
3. A petitioner who was older than eighteen at the time of the offense cannot invoke Graham v. Florida's juvenile-sentencing rule merely by asserting that a twenty-one-year-old has diminished culpability comparable to a juvenile; such a claim did not establish that Allen's judgment was invalid or his sentence illegal.
4. Claims concerning counsel's and the State's use of peremptory challenges do not support habeas relief when they do not show that the judgment is facially invalid or that the trial court lacked jurisdiction.

Questions Presented

1. Whether Allen's ineffective-assistance claims were cognizable in a habeas proceeding.
2. Whether Allen's age-based challenge to his life sentence established that the judgment was facially invalid or that the sentence was illegal under Graham v. Florida.
3. Whether Allen's claims concerning the use of peremptory challenges established a basis for habeas relief.
4. Whether the appeal should be dismissed because Allen could not prevail and, consequently, whether his motion to file a belated brief was moot.

Disposition

dismissed