Booth v. Kelley

Summary

The Supreme Court of Arkansas affirmed the dismissal of Derrick L. Booth’s petition for a writ of habeas corpus. The court held that Booth failed to establish that the judgment was facially invalid or that the trial court lacked jurisdiction, despite the sentencing order having been signed by a retired judge assigned to serve temporarily in the case.

Holdings

1. A habeas petitioner who does not proceed under the statutory actual-innocence procedure must plead either that the judgment is facially invalid or that the trial court lacked jurisdiction, and must support the claim with probable-cause evidence of illegal detention. Booth failed to make that showing.
2. A retired circuit judge assigned by the chief justice under Arkansas law and the Arkansas Constitution may temporarily serve in circuit court and validly sign a sentencing order in place of the trial judge.
3. An assignment order issued by the chief justice need not be included in the case record to be effective and to confer authority on the temporarily assigned judge.

Questions Presented

1. Whether Booth established that the judgment-and-commitment order was facially invalid or that the trial court lacked jurisdiction, as required for habeas corpus relief.
2. Whether a retired circuit judge temporarily assigned by the chief justice could validly sign Booth's sentencing order when a different judge presided over the trial.
3. Whether the assignment order had to appear in the official case record for the temporary judge's authority to be effective.

Disposition

affirmed