Croston v. State
2013 Ark. 504
Ark.2013Background
- In 2004, Croston was convicted by a jury of aggravated robbery and theft, and sentenced as a habitual offender to 180 months’ imprisonment and a $1,000 fine.
- No appeal was filed initially; a pro se belated appeal was denied by this court (unpublished per curiam).
- In 2012, Croston filed a pro se petition for writ of error coram nobis challenging the judgment in the trial court.
- The appellate proceeding concerns the denial of that coram nobis petition and a motion for extension of time to file a brief-in-chief.
- The court stated it would not address merits because, on the record, Croston could not prevail if the appeal proceeded, and thus the appeal was dismissed and the motion moot.
- The coram-nobis petition alleged trial-related issues (continuance for psychological evaluation, consideration of prior eval, admissibility of a psych evaluation, suspending proceedings for State evaluation), which the court considered not within coram-nobis scope.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the coram-nobis petition was properly denied. | Croston argues trial errors merit relief via coram-nobis. | State contends issues were not cognizable in coram-nobis and record shows no fundamental error. | Denied; coram-nobis not available for trial errors; petition properly denied. |
| Whether the extension of time to file the brief-in-chief should be entertained. | Croston seeks more time to brief the issues. | Record shows no basis to allow grant of extension. | moot; appeal dismissed for lack of merit. |
| Whether the appeal should be dismissed as moot. | N/A | N/A | Appeal dismissed; moot due to lack of viable coram-nobis relief. |
Key Cases Cited
- Demeyer v. State, 2013 Ark. 456 (Ark. 2013) (coram-nobis; trial errors generally not within writ scope)
- Morgan v. State, 2013 Ark. 341 (Ark. 2013) ( writ denial standard; appeal not permitted if relief unavailable)
- Thompson v. State, 2012 Ark. 339 (Ark. 2012) (mere trial error not basis for coram-nobis relief)
- Cromeans v. State, 2013 Ark. 273 (Ark. 2013) (categorical limits of writ; insanity, coerced plea, withheld evidence, third-party confession)
- Howard v. State, 2012 Ark. 177 (Ark. 2012) (coram-nobis is exceptional and rarely granted)