Background

• Appellant Jackie Breeden, Jr., filed a pro se petition to proceed in forma pauperis to pursue a petition for writ of habeas corpus challenging his life sentence for rape.
• The circuit court found Breeden indigent but denied pauper status because his habeas petition did not state a colorable cause of action.
• Breeden did not attach the challenged judgment but referenced this court’s prior decision affirming his conviction (Breeden v. State).
• He argued his life sentence violated due process and the Eighth Amendment as excessive, claiming he should have been treated as a first-time offender and considered for the First Offender Act.
• The sentencing range for the Class Y felony of rape includes up to life, and Breeden’s sentence was within the statutory range.
• The circuit court and this court held that Breeden’s petition failed to allege facts sufficient to show facial invalidity of the judgment or lack of jurisdiction, and thus did not present a colorable claim for habeas relief.

Issues

Key Cases Cited

• Whitney v. Guterres, 2018 Ark. 133 (standards for reviewing in forma pauperis determinations)
• Whitney v. State, 2018 Ark. 138 (abuse-of-discretion defined)
• Muldrow v. Kelley, 2018 Ark. 126 (affirming denial where petition fails to state colorable cause)
• Penn v. Gallagher, 2017 Ark. 283 (definition of colorable cause of action)
• Garrison v. Kelley, 2018 Ark. 8 (requirements for habeas relief—facial invalidity or lack of jurisdiction)
• Anderson v. Kelley, 2018 Ark. 222 (trial error/due-process claims do not allege facial invalidity or lack of jurisdiction)
• Breeden v. State, 2013 Ark. 145, 427 S.W.3d 5 (appellant’s conviction previously affirmed)