Buchanan v. Hobbs
2014 Ark. 105
Ark.2014Background
- Jessie Buchanan was convicted of capital murder in 1992 and sentenced to life without parole; this Court affirmed.
- Buchanan filed pro se habeas petitions in the county of incarceration; circuit court denied the petitions and this Court affirmed denial.
- Buchanan timely appealed the circuit court’s denial; both his brief and the appellee’s brief were timely filed.
- Buchanan moved for an extension of time to file a reply brief; the matter is before the supreme court on mootness because it would not succeed on the merits.
- Buchanan claimed ineffective assistance of counsel and illegal detention based on an alleged pre-trial plea offer not communicated by counsel.
- The court held the offered evidence insufficient to prove a plea offer; the September 23, 1992 notation reflects discussion, not a firm offer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a valid plea offer communicated to Buchanan | Buchanan asserts an offer existed and was not communicated | Record shows no firm offer; September 23 notation shows discussion only | No cognizable offer shown; no reversible error |
| Whether the plea-offer issue entitles habeas relief | Ineffective assistance and illegal detention warrant relief | No actual offer; no probable cause shown | No probable-cause showing; relief not warranted |
| Whether the circuit court erred in failing to hold a hearing | A hearing should have been held on the petition | No hearing required absent probable cause shown by affidavit or evidence | No hearing required; probable cause not shown |
Key Cases Cited
- Culbertson v. State, 2012 Ark. 112 (Ark. 2012) (habeas-corpus showing; lack of jurisdiction/face validity required)
- Darrough v. State, 2013 Ark. 28 (Ark. 2013) (probable-cause requirement for habeas petitions)
- Justus v. Hobbs, 2013 Ark. 149 (Ark. 2013) (appellate review standard for habeas orders)
- Tolefree v. State, 2014 Ark. 26 (Ark. 2014) (no mandatory hearing on habeas petition absent probable cause)
- Evans v. State, 2010 Ark. 234 (Ark. 2010) (hearing not required if probable cause lacking)