538 S.W.3d 834
Ark.2018Background
- Kenny Halfacre, serving life for aggravated robbery, filed a pro se habeas petition and sought to proceed in forma pauperis in July 2015.
- The Lincoln County Circuit Court found him not indigent after including his VA disability payments among his inmate-account deposits over the prior six months.
- The court assessed a partial filing fee based on 20% of deposits and ordered the Arkansas Department of Correction (ADC) to withhold funds from his inmate trust account to pay the statutory filing fee under Ark. Code Ann. § 16-68-601.
- Halfacre argued his VA disability benefits are protected by 38 U.S.C. § 5301 and therefore cannot be used to satisfy the filing fee.
- The court denied his motion to proceed in forma pauperis; Halfacre appealed, and the circuit court later granted him leave to pursue the appeal in forma pauperis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether VA disability benefits may be included in determining indigency | Halfacre: § 5301 protects benefits from attachment/seizure; thus benefits should not count toward indigency | State/ADC: Benefits are available funds and properly counted when assessing indigency | Court: Affirmed — benefits may be included in indigency determination because mere inclusion is not an involuntary seizure |
| Whether the court/ADC may order withdrawal of benefits from inmate trust account to pay filing fees | Halfacre: § 5301 bars any court-ordered levy/attachment of VA benefits; ordering ADC to withdraw is a prohibited seizure | State/ADC: Statutory scheme (Ark. Code § 16-68-601) permits ADC to withdraw inmate funds to collect fees | Court: Reversed as applied — ordering ADC to withdraw funds derived entirely from VA disability benefits violates § 5301; Halfacre may voluntarily use benefits but cannot be compelled by court order to do so |
Key Cases Cited
- Halfacre v. State, 292 Ark. 329, 731 S.W.2d 182 (Ark. 1987) (affirming underlying criminal conviction)
- Johnson v. State, 356 Ark. 534, 157 S.W.3d 151 (Ark. 2004) (court will not consider arguments not raised below)