Heffernan v. Kelley, 2016 Ark. 369

In 1980 Robert Heffernan was tried, convicted by a jury, and sentenced to life without parole for capital murder; this Court affirmed on direct appeal in 1983.
Heffernan’s prior federal habeas petition was denied; he also sought postconviction scientific testing under Act 1780, which was denied and affirmed on appeal.
In 2015 Heffernan filed a pro se habeas petition in Hot Spring County (where he is incarcerated), arguing the judgment was facially invalid and the trial court lacked jurisdiction because the record did not show jury findings on underlying rape or kidnapping or offer lesser-included verdicts.
The circuit court dismissed the petition for lack of probable cause to show illegal detention; Heffernan appealed and filed pro se motions for counsel, PR bond, extension of time, and record copy.
The Supreme Court reviewed whether the habeas petition alleged facial invalidity of the judgment or lack of jurisdiction sufficient to show probable cause and concluded it did not.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the judgment is facially invalid because the record does not show jury findings on underlying rape or kidnapping	Heffernan: Judgment is facially invalid; verdict form/judgment do not show findings on underlying felonies	State: Jury was instructed on capital murder and lesser offenses; verdict of capital murder implies finding on an underlying felony; any error is trial error, not facial invalidity	Court: Rejected; no facial invalidity shown; issue is trial error and not basis for habeas
Whether trial court lacked jurisdiction over the cause	Heffernan: Lack of separate verdicts deprived court of jurisdiction	State: Jurisdiction was proper; lacking separate verdict forms does not strip jurisdiction; issue was available on direct appeal	Court: Rejected; jurisdiction not lacking; habeas inappropriate for such claims
Whether Heffernan made a probable-cause showing to believe he is illegally detained	Heffernan: Attached affidavit, verdict form, judgment, and trial documents to show error	State: Documents do not establish probable cause that detention is illegal	Court: Rejected; Heffernan failed to show probable cause
Whether the appeal should proceed and pending pro se motions be granted	Heffernan: Sought counsel, bond, extensions, and record copy to pursue appeal	State: Appeal lacks merit and should be dismissed; motions moot if appeal dismissed	Court: Appeal dismissed as frivolous; all motions moot

Heffernan v. State, 645 S.W.2d 666 (affirming direct appeal)
Heffernan v. Norris, 48 F.3d 331 (federal habeas denied)
Breault v. State, 659 S.W.2d 176 (no reversible error for not requiring separate verdict forms)
Hobbs v. Gordon, 434 S.W.3d 364 (standard of review: clearly erroneous)
Philyaw v. Kelley, 477 S.W.3d 503 (habeas proper only for facially invalid judgments or lack of jurisdiction)
Meny v. Norris, 13 S.W.3d 143 (habeas not remedy for trial error)
Friend v. Norris, 219 S.W.3d 123 (habeas not a substitute for direct appeal)

Appeal dismissed; motions moot.