Frost v. State, 2014 Ark. 46

Frost was convicted in 2008 by jury of attempted first-degree murder, terroristic act, and felon in possession of a firearm, sentenced as a habitual offender to 276 months.
An appeal occurred in state court after he filed a pro se habeas petition in the Lee County Circuit Court in 2013.
The circuit court denied the habeas petition and Frost timely appealed the denial.
Appellant filed motions for appointment of counsel, for extension of time to file brief, and to dismiss the extension motion, plus a second extension motion.
The Supreme Court of Arkansas dismissed the appeal as meritless and found the motions moot.
The court concluded the claim presented was fact-based and could not prevail, and the sentence fixed by the jury was not to be disturbed on habeas review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the habeas appeal has merit.	Frost argues for relief from a misapplied sentence.	State contends appeal lacks merit and is precluded by lack of factual basis.	Appeal dismissed; no merit shown.
Whether the trial court acted within authority regarding sentence terms.	Frost contends consecutive sentencing was improper.	State argues the court correctly fixed the jury’s sentence and ordered concurrent terms.	Issue not reached; claim rejected as basis for habeas relief.

Glaze v. State, 2013 Ark. 458 (Ark. 2013) (meritless habeas appeal when no merit shown)
Culbertson v. State, 2012 Ark. 112 (Ark. 2012) (habeas relief requires lack of jurisdiction or facial invalidity otherwise no writ)
Darrough v. State, 2013 Ark. 28 (Ark. 2013) (probable cause showing required if not raising actual innocence)
Justus v. Hobbs, 2013 Ark. 149 (Ark. 2013) (denial of relief reviewed for clearly erroneous findings)