Anderson v. Kelley
564 S.W.3d 516
Ark.2019Background
- Michael Lee Anderson was tried jointly with his brother Myron and convicted in 2007 of multiple terroristic-act counts and one weapons count; sentence aggregated to 1,320 months.
- The original felony information filed in Ashley County charged only Myron (docket CR-2006-197-4).
- An amended information filed on December 28, 2006 added Michael Anderson as defendant "B" (docket CR-2006-197-4 A & B).
- Anderson filed a habeas petition in Jefferson County (where he was incarcerated) arguing the trial court lacked personal jurisdiction because he was not charged by an original, individual information.
- The circuit court denied the habeas petition; Anderson appealed. The Arkansas Supreme Court affirmed, holding the amendment did not deprive the court of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction is facially invalid for lack of personal jurisdiction because Anderson was added by amendment to his brother's information rather than charged by an original information in a separate case | Anderson: being charged only in an amendment (not an original, separately docketed information) meant he was never properly charged and trial court lacked personal jurisdiction | State: the trial court had subject-matter and personal jurisdiction because the offenses occurred in Ashley County and charging via amended information did not deprive jurisdiction | Court: Held against Anderson — amendment did not deprive the trial court of subject-matter or personal jurisdiction; conviction not facially invalid |
Key Cases Cited
- Whitehead v. State, 316 Ark. 563 (1994) (court lacked jurisdiction to decide transfer motion where no information or indictment had been filed)
- State v. Pulaski County Circuit Court, 327 Ark. 287 (1997) (procedural prerequisites for seeking relief from a lower-court bond in circuit court)
- Johnson v. State, 298 Ark. 479 (1989) (when trial court has personal and subject-matter jurisdiction it may render judgment)
- Williams v. Kelley, 2017 Ark. 200 (2017) (defects amounting to trial error—e.g., case-numbering or similar procedural matters—are not cognizable in habeas)