Booth v. Kelley
2016 Ark. 169
Ark.2016Background
- Derrick L. Booth was convicted by a jury of arson in 2013 and sentenced as a habitual offender to 144 months; the Arkansas Court of Appeals affirmed the conviction.
- In 2015 Booth, while incarcerated in Chicot County, filed a pro se habeas petition in Chicot County Circuit Court seeking release.
- Booth alleged the trial court lacked jurisdiction and the judgment was facially invalid because the judgment-and-commitment was signed by Judge Phillip Shirron, a retired judge, rather than the trial judge, Judge Wendell Griffen.
- The record shows Judge Griffen presided at trial; Judge Shirron signed the sentencing order on July 23, 2013, and the judgment was entered July 24, 2013.
- The Arkansas Supreme Court had issued an assignment order under Ark. Code Ann. § 16‑10‑101(b)(1) assigning Judge Shirron to sit in place of Judge Griffen for July 22–24, 2013.
- The circuit court dismissed Booth’s habeas petition for failure to state a ground for the writ; the Supreme Court affirmed, finding Booth did not show facial invalidity of the judgment or lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lacked jurisdiction because the sentencing judge who signed the judgment was different from the trial judge | Booth: assignment of a retired judge to sign the judgment invalidated the court's jurisdiction and the judgment | State: the chief justice’s assignment under amendment 80/§16‑10‑101 validly authorized Judge Shirron to act; assignment need not appear in the case record to be effective | Court held the assignment was valid; Booth failed to show lack of jurisdiction |
| Whether the judgment-and-commitment was facially invalid because it was signed by a different judge than the trial judge | Booth: the discrepancy made the judgment invalid on its face | State: the judgment reflected the sentence pronounced and a valid assignment authorized the signing judge | Court held the judgment was not facially invalid; Booth did not plead a proper ground for habeas |
| Whether habeas relief is available without alleging actual innocence under Act 1780 | Booth did not proceed under Act 1780 or allege actual innocence | State: petitioner must show facial invalidity or lack of jurisdiction or proceed under Act 1780 | Court applied statutory standard and denied habeas because Booth failed to meet it |
| Whether the chief justice’s assignment order must be included in the trial record to vest authority | Booth: assignment not in record so signing was ineffective | State: Administrative Order No. 16 and amendment 80 allow assignments; inclusion in case record is not required | Court held inclusion in the record is not required; assignment is effective |
Key Cases Cited
- Booth v. State, 444 S.W.3d 900 (affirming underlying conviction) (used to note prior appellate disposition)
- Hobbs v. Gordon, 434 S.W.3d 364 (standards for appellate review of habeas rulings)
- Philyaw v. Kelley, 477 S.W.3d 503 (explaining when habeas corpus is proper: facial invalidity or lack of jurisdiction)