Summary
The Supreme Court of Arkansas dismissed Cody James Malone’s appeal from orders denying his motions concerning alleged errors in his state judgment and sentence. The court held that his claims were untimely or procedurally barred post-conviction claims, that the habeas petition was properly denied for lack of jurisdiction and failure to allege facial invalidity or lack of jurisdiction, and that his pending motions were moot.
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Questions Presented
- Whether Malone's claim that he should serve his Arkansas sentence in federal custody alleged a clerical error correctable at any time or instead challenged the manner in which his sentence was imposed and therefore had to be raised through a timely Arkansas Rule of Criminal Procedure 37.1 petition.
- Whether Malone's petition to correct an illegal sentence under Arkansas Code Annotated section 16-90-111 was timely and authorized relief when he alleged that the sentence was imposed contrary to the plea agreement but did not claim that the sentence was illegal on its face.
- Whether the Benton County Circuit Court had jurisdiction to grant Malone's habeas-corpus petition when he was incarcerated in Izard County and did not proceed under Act 1780 of 2001.
- Whether the appeal should be dismissed because the record established that Malone could not prevail, and whether his motions for an extension of time and appointment of counsel were thereby moot.
Holdings
- A motion styled as one to correct a clerical error is governed by Rule 37.1 when it asserts a substantive claim that the sentence did not conform to the plea agreement. Because Malone's claim concerned the location and manner of serving his sentence rather than a mere clerical mistake, it was a Rule 37.1 claim.
- A defendant who pleaded guilty must file a Rule 37.1 petition within ninety days after entry of judgment. Malone's petitions, filed more than a year after judgment, were untimely, and the circuit court lacked authority under Rule 37.1 to grant relief.
- Section 16-90-111 preserves an avenue to challenge a sentence at any time when the sentence is illegal on its face, but a claim that the sentence was imposed in an illegal manner is subject to Rule 37.2(c)'s time limitation. Malone's plea-agreement claim challenged the manner of imposition, not facial illegality, and was untimely.
- A petitioner may not submit a subsequent Rule 37.1 petition unless the first petition was denied without prejudice to filing a second petition. Malone did not show that his first petition was denied without prejudice, so any subsequent Rule 37.1 petition was barred in addition to being untimely.
- A habeas-corpus petition filed by a prisoner incarcerated in Arkansas must generally be filed in the circuit court of the county where the prisoner is held, unless the petition proceeds under Act 1780. Because Malone was incarcerated in Izard County, filed in Benton County, and did not proceed under Act 1780, the Benton County Circuit Court lacked jurisdiction to grant habeas relief.
- The appeal was dismissed because the record clearly showed that Malone could not prevail on appeal. The motions for extension of time to file a brief and for appointment of counsel were moot as a result.
Key quotations
“A trial court may correct a mere clerical error in a judgment at any time; however, a motion to correct a judgment that is based on a substantive claim, such as an allegation that the sentence imposed did not conform to the plea agreement, falls within the purview of Rule 37.1 of the Arkansas Rules of Criminal Procedure.” (at 3)
“Based on all of the foregoing, the appeal is dismissed, rendering the motions for extension of time to file brief and for appointment of counsel moot.” (at 7)
Factual background
Malone pleaded guilty to fourth-degree sexual assault in Arkansas and was sentenced to seventy-two months' imprisonment. His judgment-and-commitment order stated that the state sentence would run concurrently with his federal sentence and be served in federal custody. After the federal authorities declined to accept him into federal custody before completion of his state sentence, Malone filed several pleadings claiming that his confinement in the Arkansas Department of Correction violated the plea agreement. The circuit court denied relief, concluding that his claims were untimely, did not establish a facially illegal sentence or jurisdictional defect, and, as to habeas corpus, were filed in the wrong county.
Procedural history
Malone pleaded guilty to fourth-degree sexual assault and received a seventy-two-month Arkansas sentence that was designated to run concurrently with a federal sentence and to be served in federal custody. He later filed multiple pleadings asserting that the State was violating his plea agreement by holding him in state custody. The circuit court denied the relevant pleadings in orders entered March 17, 2016, and Malone appealed. The Supreme Court dismissed the appeal because it was clear from the record that Malone could not prevail; his pending motions were therefore moot.