Edwards v. Kelley
2017 Ark. 254
Ark.2017Background
- Jeffrey Wendell Edwards was convicted in 1997 of rape, attempted rape, commercial burglary, second-degree battery, and had probation revoked; total consecutive sentence of 70 years affirmed on direct appeal.
- In 2016 Edwards, pro se and incarcerated out-of-state but under Arkansas ADC jurisdiction, filed a habeas petition in Jefferson County seeking relief from those convictions.
- The Jefferson County Circuit Court dismissed the habeas petition for failure to state a ground for relief and labeled the filing a "strike" under Ark. Code Ann. § 16-68-607 (Repl. 2005).
- Edwards appealed the dismissal; the majority affirmed the denial of habeas relief and the strike designation. Two justices dissented in part, arguing the strike designation violated the Arkansas Constitution and controlling precedent.
- The court applied Arkansas habeas standards: habeas is proper only for facially invalid judgments or jurisdictional defects, or under Act 1780 for actual innocence; otherwise the writ is not a substitute for direct appeal or retrial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy / conviction for rape and attempted rape | Edwards: convictions violate double jeopardy; attempted rape is a lesser-included offense of rape | State: claim attacks sufficiency/merits and does not show facial invalidity or jurisdictional defect | Dismissed — claim not cognizable in habeas because it challenges evidence/sufficiency, not facial invalidity or jurisdiction |
| Whether attempted rape is a lesser-included offense of rape | Edwards: attempted rape is lesser-included, so conviction of both invalid | State: issue could have been raised at trial/direct appeal; judgment does not show on its face both an offense and its lesser-included offense | Dismissed — not shown on face of judgment; not proper in habeas |
| Requirement of a hearing on habeas petition | Edwards: circuit court denied relief without holding a hearing | State: hearing unnecessary where petition fails to allege a cognizable habeas ground or probable cause | Affirmed — no hearing required where petition fails to allege proper grounds or probable cause |
| Designation of the petition as a "strike" under § 16-68-607 | Edwards: circuit court erred in counting this habeas petition as a strike | State: habeas petitions that fail to state a claim may be counted as strikes | Majority: affirmed strike designation; Concurrence/Dissent: per Watts v. Kelley and constitutional concerns, habeas petitions cannot be counted as strikes and the strike designation was error |
Key Cases Cited
- Hobbs v. Gordon, 434 S.W.3d 364 (Ark. 2014) (standard for review of circuit court denial of habeas corpus)
- Philyaw v. Kelley, 477 S.W.3d 503 (Ark. 2015) (habeas proper only for facial invalidity or lack of jurisdiction; not a substitute for direct appeal)
- Bryant v. State, 377 S.W.3d 152 (Ark. 2010) (rape is not a continuing offense)
- Watts v. Kelley, 520 S.W.3d 249 (Ark. 2017) (holding that counting habeas petitions as "strikes" under §16-68-607 implicates constitutional habeas suspension concerns)
- Renshaw v. Norris, 989 S.W.2d 515 (Ark. 1999) (limitations or procedural bars that effectively suspend habeas corpus rights violate the Arkansas Constitution)