Green v. State
2014 Ark. 30
Ark.2014Background
- In 2009 Green was convicted by jury of possession of a controlled substance with intent to deliver and sentenced as a habitual offender to 720 months’ imprisonment; the Arkansas Court of Appeals affirmed.
- In 2013 Green, incarcerated in Lee County, filed a pro se petition for writ of habeas corpus in Lee County Circuit Court raising illegal search/arrest and insufficiency of evidence claims.
- The circuit court denied the habeas petition, and Green appealed the denial in this court.
- Green sought an extension of time to file his brief-in-chief, which this court now addresses.
- The court ultimately dismissed the appeal as moot, holding habeas petitions are not substitutes for direct appeal or postconviction relief and lacking merit on the grounds raised.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the habeas appeal has merit or should be dismissed as moot. | Green argues a substantive habeas challenge to his conviction. | State contends the appeal is without merit and moot. | Appeal dismissed; moot. |
| Whether habeas relief is proper where the judgment may be facially valid and jurisdiction exists. | Green claims improper confinement and invalid judgment. | State maintains habeas relief only for facial invalidity or lack of jurisdiction. | Habeas relief inappropriate where facial validity and jurisdiction exist. |
| Whether alleged illegal arrest or invalid search can be grounds in habeas proceeding. | Green asserts illegal arrest/search as basis for relief. | State argues such claims are not grounds for habeas relief. | Not cognizable in habeas proceeding. |
| Whether ineffective-assistance-of-counsel claims are cognizable in habeas corpus. | Green raises ineffective assistance claims. | IAC claims must be raised under Rule 37.1, not habeas. | IAC claims not cognizable in habeas; must proceed under Rule 37.1. |
| Whether the petition demonstrated lack of jurisdiction or facial invalidity. | Green failed to show lack of jurisdiction or facial invalidity. | Record shows jurisdiction and valid judgment. | Petition failed to show basis for writ; relief denied. |
Key Cases Cited
- Glaze v. Hobbs, 2013 Ark. 458 (Ark. 2013) (habeas appeal not permitted if meritless; jurisdictional/prior-law limits)
- Lukach v. State, 369 Ark. 475, 255 S.W.3d 832 (Ark. 2007) (per curiam; establish limits for habeas relief)
- Daniels v. Hobbs, 2011 Ark. 192 (Ark. 2011) (habeas claims of trial errors not grounds for writ)
- Robertson v. State, 2013 Ark. 75 (Ark. 2013) (jurisdiction to try does not depend on arrest validity)
- Singleton v. State, 256 Ark. 756, 510 S.W.2d 283 (Ark. 1974) (arrest validity not dispositive of conviction)
- Biggers v. State, 317 Ark. 414, 878 S.W.2d 717 (Ark. 1994) (illegal arrest does not vitiate a valid conviction)
- Nelson v. Norris, 2013 Ark. 333 (Ark. 2013) (evidence-admissibility issues not grounds for habeas relief)
- Culbertson v. State, 2012 Ark. 112 (Ark. 2012) (jurisdictional issues; treat void/illegal sentences similarly to lack of jurisdiction)
- Bliss v. Hobbs, 2012 Ark. 315 (Ark. 2012) (habeas not substitute for direct appeal or Rule 37.1)
- Taylor v. State, 354 Ark. 450, 125 S.W.3d 174 (Ark. 2003) (context for evaluating habeas where issues could have been raised)