Lewis v. State
2017 Ark. App. 506
| Ark. Ct. App. | 2017Background
- David Eugene Lewis was convicted of possession with intent to deliver (cocaine and marijuana) and sentenced to a cumulative 1200 months; convictions affirmed on direct appeal (2010 Ark. App. 641).
- Lewis sought jail-time credit under Rule 37; the circuit court awarded 1,194 days credit for pretrial detention, denying his claim to 1,298 days.
- The Arkansas Supreme Court affirmed the denial of relief and the 1,194-day credit calculation in Lewis v. State, 2013 Ark. 105.
- In 2017 Lewis moved for a nunc pro tunc order to correct the commitment order to reflect 1,298 days; the circuit court amended the commitment but again declined to increase credit beyond 1,194 days.
- Lewis filed a motion for reconsideration and an evidentiary hearing and appealed, arguing the circuit court’s failure to rule prevented appellate review.
- The Arkansas Court of Appeals affirmed, holding Lewis is precluded by the law-of-the-case doctrine from relitigating the jail-time credit already decided by the Arkansas Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit court erred by not ruling on motion for reconsideration and evidentiary hearing | Lewis: failure to rule blocked appellate review and merits re-determination of jail-time credit (seeking 1,298 days) | State: credit already determined; no new relief allowed under law of the case | Court: No error — claim precluded by law of the case; prior supreme court ruling controlling |
| Whether Lewis entitled to additional jail-time credit beyond 1,194 days | Lewis: commitment order should be corrected nunc pro tunc to show 1,298 days | State: prior proceedings and supreme-court decision fix credit at 1,194 days | Court: Denied — 1,194 days stands; cannot relitigate |
Key Cases Cited
- Lewis v. State, 2013 Ark. 105 (Ark. 2013) (Arkansas Supreme Court affirmed 1,194-day jail-time credit)
- Lewis v. State, 2010 Ark. App. 641 (Ark. Ct. App. 2010) (direct appeal affirming convictions)
- Hill v. State, 2010 Ark. 102 (Ark. 2010) (describing law-of-the-case doctrine barring relitigation of issues decided on prior appeal)
- Moore v. State, 2009 Ark. App. 863 (Ark. Ct. App. 2009) (lower courts cannot overrule Arkansas Supreme Court precedent)