Davis v. Kelley
2017 Ark. 110
Ark.2017Background
- In 1988 Richard Alan Davis was convicted by a Pulaski County jury of capital murder, aggravated robbery, and theft (case no. 60CR-87-1540) and received life without parole; in a separate 1988 Pulaski County conviction (60CR-87-1685) he was convicted of aggravated robbery and sentenced to 30 years. No direct appeals were filed.
- In June 2016 Davis, incarcerated in Lee County, filed a pro se habeas corpus petition in Lee County Circuit Court challenging only the 30-year aggravated-robbery judgment (60CR-87-1685), attaching both judgments to his petition.
- Davis argued his pretrial statement should have been suppressed because he was not advised of his Miranda rights, claiming the conviction was illegal on its face and the trial court lacked jurisdiction.
- The Lee County Circuit Court denied the petition without a hearing, finding Davis had not pleaded a ground for habeas relief.
- Davis appealed, arguing the circuit court erred in denying relief and in refusing to hold a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judgment is illegal on its face because of an excessive or unauthorized sentence | Davis: 30-year sentence for aggravated robbery was illegal on its face | State: 30-year sentence falls within statutory range for aggravated robbery | Held: Sentence was within statutory range and not facially illegal; habeas relief denied |
| Whether trial court lacked jurisdiction due to Miranda violations making conviction void | Davis: Failure to advise under Miranda deprived court of jurisdiction | State: Miranda/pretrial-statement claims are trial errors, not jurisdictional | Held: Miranda claim is trial error; did not deprive court of jurisdiction; not cognizable in habeas |
| Whether habeas court erred in denying a hearing on the petition | Davis: Petition raised cognizable claims requiring an evidentiary hearing | State: Petition did not allege a basis for habeas relief or probable cause | Held: No hearing required where petition fails to allege cognizable habeas grounds or probable cause |
Key Cases Cited
No key authorities cited in the opinion have official reporter citations that meet the required format.