Akbar v. Hobbs
2013 Ark. 350
Ark.2013Background
- Michael Jihad Akbar was convicted in 1993 of first-degree murder and aggravated assault and sentenced to life as a habitual offender; this court affirmed on direct appeal (Akbar v. State).
- In December 2010 Akbar, pro se and while incarcerated in Lincoln County, filed a habeas-corpus petition in the Lincoln County Circuit Court challenging the trial information and the trial court’s jurisdiction to sentence him.
- The original information charged murder under Ark. Code Ann. § 5-10-102(a)(1); eight months before trial the State amended the information to charge under § 5-10-102(a)(2) and also charged aggravated assault.
- Akbar argued the amendment impermissibly changed the nature and degree of the crime, depriving the trial court of jurisdiction and rendering the judgment facially invalid.
- The circuit court denied habeas relief; Akbar appealed. The Supreme Court of Arkansas reviewed whether the alleged information defects raised a jurisdictional defect cognizable in habeas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amendment to the felony information deprived the trial court of jurisdiction and made the judgment facially invalid | Akbar: amendment changed the nature/degree of the offense, so trial court lacked jurisdiction | Hobbs: amendment/trial errors do not strip the court of subject-matter jurisdiction; defects are not cognizable in habeas | Court: Denied — amendment/trial error is not a jurisdictional defect; habeas relief not available for these claims |
| Whether habeas petitioner met the statutory burden to show illegality of detention | Akbar: alleged information defect establishes illegal detention | Hobbs: petitioner failed to show facial invalidity or jurisdictional defect and did not meet probable-cause/affidavit requirements | Court: Denied — petitioner failed to establish lack of jurisdiction or facial invalidity; habeas petition properly dismissed |
Key Cases Cited
- Akbar v. State, 315 Ark. 627, 869 S.W.2d 706 (1994) (direct-appeal conviction affirmed)
- Culbertson v. State, 2012 Ark. 112 (per curiam) (burden on habeas petitioner to show lack of jurisdiction or facial invalidity)
- Jones v. Hobbs, 2013 Ark. 30 (per curiam) (information defects and trial error are not jurisdictional in habeas)
- Willis v. Hobbs, 2011 Ark. 509 (per curiam) (mere trial error does not deprive court of jurisdiction)
- Fuller v. State, 2012 Ark. 376 (per curiam) (habeas is not a substitute for direct appeal or postconviction relief)