562 S.W.3d 215
Ark.2018Background
- Ben Grimes, convicted of first-degree murder by a Jefferson County jury and sentenced to life; conviction and sentence previously affirmed.
- Grimes filed a pro se habeas petition in Lee County claiming his detention was illegal because his arrest and extradition from Virginia lacked probable cause and a supporting affidavit.
- He alleged the invalid arrest was raised at trial via a motion to suppress and now adds ineffective-assistance and sufficiency-of-evidence claims on appeal.
- The circuit court denied the habeas petition for failure to show the judgment was facially invalid or that the trial court lacked jurisdiction, and for lack of evidence establishing probable cause for relief.
- The trial court’s jurisdiction was found unaffected by any alleged defect in the arrest; Grimes did not submit the judgment or other evidence required to obtain habeas relief.
Issues
| Issue | Grimes’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether habeas relief is available for an allegedly invalid arrest/extradition lacking an affidavit of probable cause | Arrest was defective; no affidavit/probable cause; detention therefore unlawful | Arrest defects do not negate trial court’s jurisdiction; habeas requires facial-invalidity or jurisdictional defect plus evidence of illegal detention | Denied — arrest defect does not defeat jurisdiction; Grimes failed to show facial invalidity or present evidence of illegal detention |
| Whether the judgment is facially invalid such that habeas corpus lies | The judgment should be invalidated because underlying arrest lacked probable cause | No allegation or proof that the judgment itself is facially invalid | Denied — petitioner did not allege or prove facial invalidity of the judgment |
| Whether a hearing was required on the habeas petition | Hearing necessary to develop proof of defective arrest and illegal detention | Statute does not mandate a hearing; hearing only where affidavit or other evidence shows probable cause for the writ | Denied — no probable-cause evidence presented, so no hearing required |
| Whether law-of-the-case or abuse-of-the-writ bars relitigation of the arrest-warrant issue | Prior decisions shouldn’t preclude consideration of new jurisdictional facts | Prior rulings stand; repetitive claims without new supporting facts may be abuse of the writ | Court considered additional facts but found them insufficient; petition constituted an abuse of the writ to the extent claims repeated prior arguments |
Key Cases Cited
- Grimes v. State, 295 Ark. 426 (affirming conviction and sentence)
- Garrison v. Kelley, 2018 Ark. 8 (standard of review for habeas decisions)
- Philyaw v. Kelley, 2015 Ark. 465 (trial error/due-process claims are not habeas claims)
- Story v. State, 2017 Ark. 358 (burden to show facial invalidity and present probable-cause evidence)
- Singleton v. State, 256 Ark. 756 (defendant not entitled to release based on flaw in arrest)
- Love v. Kelley, 2018 Ark. 206 (circuit courts have subject-matter jurisdiction over criminal cases)
- Collier v. Kelley, 2018 Ark. 170 (hearing not required where probable cause for writ not shown)
- Anderson v. Kelley, 2018 Ark. 222 (law-of-the-case and abuse-of-the-writ principles in postconviction context)