2015 Ark. 136
Ark.2015Background
- Bean was convicted in 2013 in Sebastian County Circuit Court of attempted rape and two counts of second-degree sexual assault, receiving an aggregate 840-month sentence.
- The Arkansas Court of Appeals affirmed Bean v. State on direct appeal.
- Bean filed pro se petitions to reinvest jurisdiction in the trial court to consider a writ of error coram nobis and a petition for writ of certiorari to complete the record.
- A writ of error coram nobis is available only after permission is granted and to address fundamental extrinsic errors, not ordinary trial errors.
- Coram-nobis relief is limited to four categories (insanity at trial, coerced guilty plea, suppressed material evidence, or third-party confession) and carries a strong presumption of validity of the conviction.
- Allegations of ineffective assistance of counsel or other trial errors are not cognizable in coram-nobis proceedings and may be pursued through other postconviction avenues; the double-jeopardy claim here had been addressed previously and is not a valid coram-nobis ground; the petition for certiorari to expand the record to support a double-jeopardy claim was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether coram-nobis relief may be used for ineffective assistance claims. | Bean argues counsel was impaired and ineffective. | Coram-nobis does not cover ineffective assistance; such claims belong in Rule 37 proceedings. | No; coram-nobis not available for ineffectiveness claims. |
| Whether the double-jeopardy claim qualifies for coram-nobis relief. | Claim arises from same episode; seeks relief via coram-nobis. | Issue is trial error/previously resolved; not within coram-nobis categories. | No; not one of the four coram-nobis categories. |
| Whether the petition for writ of certiorari to expand the record should be granted. | Expanded record would support double-jeopardy assertion. | Record expansion denied as meritless and already addressed on appeal. | Denied. |
Key Cases Cited
- Cromeans v. State, 2013 Ark. 273 (Ark. Supreme Court 2013) (establishes coram-nobis availability limits and need for permission)
- Burks v. State, 2013 Ark. 188 (Ark. Supreme Court 2013) (per curiam; coram-nobis usage boundaries)
- McDaniels v. State, 2012 Ark. 465 (Ark. Supreme Court 2012) (coram-nobis exception for fundamental extrinsic errors)
- Cloird v. State, 2011 Ark. 303 (Ark. Supreme Court 2011) (coram-nobis narrow scope; burden on petitioner)
- Williams v. State, 2011 Ark. 541 (Ark. Supreme Court 2011) (burden on showing fundamental extrinsic error)
- Roberts v. State, 2013 Ark. 56 (Ark. Supreme Court 2013) (coram-nobis presumption of validity of conviction)
- Carter v. State, 2012 Ark. 186 (Ark. Supreme Court 2012) (per curiam; coram-nobis considerations)
- Troglin v. State, 257 Ark. 644, 519 S.W.2d 740 ((1975)) (historical basis for coram-nobis principles)
- Penn v. State, 282 Ark. 571, 670 S.W.2d 426 (1984) (cited for appellate treatment of fundamental errors)
- Bean v. State, 2012 Ark. App. 643 (Ark. App. 2012) (prior determination on double-jeopardy linkage)
- Bean v. State, 2014 Ark. App. 107 (Ark. App. 2014) (affirmed conviction; procedural posture on coram-nobis)