Muldrow v. Kelley

Summary

The Arkansas Supreme Court affirmed the denial of Michael D. Muldrow’s request to proceed in forma pauperis on a habeas corpus petition. The court held that the county circuit court lacked jurisdiction to consider claims under Act 1780 of 2001 and that Muldrow’s allegations of prosecutorial misconduct and actual innocence were not cognizable grounds for habeas relief outside that Act. The court deemed Muldrow’s motion for an extension of time to file his brief moot; Justice Hart dissented.

Holdings

1. The circuit court did not abuse its discretion in denying pauper status because Muldrow's underlying habeas petition failed to allege facts establishing a colorable cause of action.
2. A petition seeking relief under Act 1780 must be filed in the court where the conviction was entered; therefore, the Lincoln County Circuit Court lacked jurisdiction over Muldrow's Act 1780 challenge to a Hempstead County conviction.
3. Although the Lincoln County Circuit Court lacked jurisdiction over Muldrow's Act 1780 claims, it had jurisdiction over non-Act 1780 habeas claims because Muldrow was incarcerated within Lincoln County and the court had personal jurisdiction over the detaining prison officials.
4. Prosecutorial misconduct and actual-innocence claims are not cognizable grounds for habeas relief outside Act 1780 because they do not establish facial invalidity of the judgment or lack of jurisdiction by the trial court.

Questions Presented

1. Whether the Lincoln County Circuit Court abused its discretion by denying Muldrow in forma pauperis status because his habeas petition failed to state a colorable cause of action.
2. Whether Lincoln County had jurisdiction to consider Muldrow's claims under Act 1780.
3. Whether prosecutorial misconduct and actual-innocence claims are cognizable grounds for habeas relief outside Act 1780.
4. Whether Muldrow's motion for an extension of time to file his appellate brief remained justiciable after affirmance.

Disposition

affirmed