Green v. State
453 S.W.3d 677
Ark.2015Background
- James Edward Green pleaded guilty (2008) to first-degree terroristic threatening, second-degree sexual assault, and a violation of a suspended imposition of sentence for an additional terroristic-threatening count; aggregate sentence 36 months in ADC.
- In 2014 Green filed a pro se petition for writ of error coram nobis in the trial court challenging the 2008 convictions.
- The trial court denied the coram-nobis petition on the ground that this Court had not granted permission to proceed in the trial court.
- Green appealed the denial to the Arkansas Supreme Court and filed motions there seeking an extension to file his brief and to have the clerk file his tendered brief, alleging prison personnel interference.
- The Supreme Court concluded Green could not prevail because (1) the petition was moot insofar as he had served the sentence for the challenged convictions and (2) procedural requirements for reinvesting the trial court’s jurisdiction were not met; the appeal was dismissed and the motions were denied as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the coram-nobis petition in the trial court was procedurally proper without this Court first reinvesting jurisdiction | Green proceeded in trial court without seeking reinvestment because he did not appeal the original judgment | State argued the court lacked authority unless this Court reinvested the trial court when transcripts had been filed in an appellate court | Court affirmed denial but on alternative ground; noted reinvestment is required where the transcript was filed in appellate court, though Green had not appealed the original judgment |
| Whether the petition is moot because Green served the sentence for the convictions challenged | Green sought a new trial/release via coram nobis despite the passage of time | State contended the petition was moot because the sentence on the challenged convictions had been served and the requested remedy (new trial) was unavailable | Court held the petition was moot because Green had served the term imposed for the convictions challenged, so coram-nobis relief was unavailable |
| Whether the appeal and Green’s filing motions should proceed despite alleged prison interference with mailing his brief | Green requested extension and filing assistance alleging interference by prison personnel | State opposed, asserting procedural deficiencies and lack of merit | Court dismissed the appeal as having no merit to proceed and thus found the motions moot |
Key Cases Cited
- Nalls v. State, 445 S.W.3d 509 (Ark. 2014) (this Court may affirm a lower court if it reached the right result even for the wrong reason)
