M.Williams v. State
2017 Ark. 198
| Ark. | 2017Background
- Mark Antonio Williams pleaded guilty to rape in 2008 and was sentenced to 420 months.
- On November 18, 2016, while incarcerated in a Lincoln County unit, Williams filed a pro se petition for writ of habeas corpus in Lincoln County Circuit Court.
- Williams argued he was innocent, that the Desha County court lacked jurisdiction because the offense occurred in Chicot County, that no DNA evidence linked him to the offense, and that a subpoenaed witness did not testify at his plea hearing.
- Lincoln County Circuit Court dismissed the petition for failure to show probable cause or facial invalidity of the judgment; Williams appealed that dismissal.
- By the time of appeal, Williams was incarcerated in Lee County, so the Lincoln County court could not issue a writ returnable to itself for his release.
- The Supreme Court of Arkansas dismissed the appeal and found Williams’s motion for an extension of time to file his brief moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper forum for habeas to obtain release | Williams: Lincoln County court could grant release despite later transfer | Kelley: Habeas should be filed where prisoner is held; Lincoln County lacked authority once Williams was in Lee County | Dismissed — court lacks personal jurisdiction to order release when petitioner is detained elsewhere |
| Facial invalidity of judgment | Williams: Judgment invalid because plea was taken in wrong county and lack of DNA evidence | Kelley: Williams offered only the judgment copy and no affidavit/evidence showing facial invalidity | Denied — Williams failed to show facial invalidity of the judgment |
| Use of habeas to litigate DNA or factual innocence | Williams: Lack of DNA testing supports claim of innocence | Kelley: Habeas is not a vehicle to retry guilt or litigate DNA issues that should have been raised earlier | Denied — habeas does not afford a new trial on merits or substitute for trial/collateral review |
| Preclusion by prior habeas proceedings | Williams: (implicit) claims remain viable despite prior habeas denial | Kelley: Williams previously litigated similar claims and failed to show new evidence | Dismissed — prior dismissal and failure to present new supporting evidence weighed against relief |
Key Cases Cited
- State Department of Public Welfare v. Lipe, 257 Ark. 1015, 521 S.W.2d 526 (Ark. 1975) (writ must be returned to the person in whose custody the prisoner is detained)
- Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (Ark. 1991) (circuit court lacks personal jurisdiction to issue a habeas writ returnable before itself for a prisoner held in another county)