Bannister v. State
2014 Ark. 59
Ark.2014Background
- Petitioner Bannister pled guilty to two counts of second-degree sexual assault and received a 240-month aggregate sentence.
- In 2013 Bannister, proceeding pro se, filed a petition for writ of error coram nobis alleging coerced plea and newly discovered evidence.
- The trial court denied and dismissed the coram nobis petition; Bannister did not appeal the denial.
- Bannister sought belated appellate review of the trial court’s denial of the coram nobis petition.
- The Arkansas Supreme Court denied the belated appeal, holding that the petitioner could not prevail on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether belated appeal is warranted | Bannister argues he should be allowed to appeal the coram nobis denial. | State contends no appeal will prevail and belated relief is not warranted. | Belated appeal denied; no basis shown to prevail on appeal. |
| Whether writ of error coram nobis was appropriate for a coerced plea | Coercive interrogation rendered plea involuntary and warranted coram-nobis relief. | Plea coercion cannot be shown; record fails to establish the necessary facts for relief. | No abuse of discretion; coercion claims did not meet standard for coram nobis relief. |
| Whether any hidden or Brady-type evidence supports relief | Evidence not disclosed to defense (first statement and photocopied document) tainted trial. | Evidence was not hidden; petitioner knew of and had access to the materials; no prejudice shown. | No Brady violation; facts could have been known at the time of trial. |
Key Cases Cited
- Crain v. State, 2012 Ark. 412 (Ark. 2012) (per curiam; belated appeal standard for postconviction relief)
- Bates v. State, 2012 Ark. 394 (Ark. 2012) (per curiam; belated appeal standard)
- Morgan v. State, 2013 Ark. 341 (Ark. 2013) (abuse of discretion standard for coram-nobis relief)
- Davis v. State, 2012 Ark. 228 (Ark. 2012) (per curiam; belated appeal standard)
- Lee v. State, 2012 Ark. 401 (Ark. 2012) (per curiam; abuse of discretion criteria)
- Pierce v. State, 2009 Ark. 606 (Ark. 2009) (per curiam; coram-nobis coercive-plea standard)
- Edwards v. State, 2013 Ark. 517 (Ark. 2013) (per curiam; rarity of writs)
- Larimore v. State, 341 Ark. 397 (2000) (availability of writs for extrinsic-fact error)
- Sanders v. State, 374 Ark. 70 (2008) (categories of coram-nobis relief)
- Thomas v. State, 367 Ark. 478 (2006) (fundamental error of fact extrinsic to the record)