Morgan v. Kelley, 575 S.W.3d 108

Appellant Joe E. Morgan, an ADC inmate serving aggregate 60-year sentence after negotiated guilty plea, filed a habeas petition alleging he did not personally enter a guilty plea in open court.
The circuit court denied Morgan leave to proceed in forma pauperis, finding he was indigent but that his petition failed to allege a cognizable claim for habeas relief. Morgan appealed.
The record initially omitted a separate in forma pauperis motion; this court ordered supplementation and the clerk later verified no separate petition existed aside from an affidavit attached to the habeas petition.
Under Ark. R. Civ. P. 72 and Arkansas habeas statute, proceeding in forma pauperis requires indigency and a colorable cause of action; habeas relief also requires alleging facial invalidity or lack of jurisdiction plus a showing by affidavit or other evidence of probable cause.
The majority concluded Morgan’s claim (that the trial court lacked authority because he did not enter a guilty plea) implicated jurisdiction and was cognizable, but his pleadings failed to show probable cause.
The circuit court’s denial was affirmed; the Director’s request to impose a statutory “strike” was denied because the appeal was not frivolous or malicious.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether habeas petitioner adequately alleged a colorable cause of action to proceed in forma pauperis	Morgan: alleged he did not personally enter a guilty plea, so judgment is void/illegal and cognizable	Director: petition merely argues merits and lacked necessary supporting filings	Court: Claim was cognizable (jurisdictional), but pleadings did not establish probable cause, so denial affirmed
Whether petitioner satisfied statutory requirement to show probable cause by affidavit or other evidence	Morgan: factual allegations and affidavit suffice; burden on Director to disprove	Director: petitioner must provide more than bare assertions; petitioner bears burden to show probable cause	Court: petitioner must show probable cause and failed to do so; bare allegation insufficient
Whether circuit court abused discretion denying in forma pauperis status under Ark. R. Civ. P. 72	Morgan: denial was error because claim was a reasonable extension of law and he is indigent	Director: denial proper because petition failed to allege a colorable claim or show probable cause	Court: no abuse of discretion; affirm because result correct (though circuit court misapplied probable-cause requirement)
Whether appeal is frivolous warranting a statutory strike	Director: request to impose strike under Ark. Code § 16-68-607	Morgan: appeal had arguable basis; not frivolous	Court: appeal not frivolous; no strike imposed

Breeden v. Kelley, 2018 Ark. 299 (standard for colorable cause and abuse-of-discretion review)
Whitney v. Guterres, 2018 Ark. 133 (standard of review for in forma pauperis determinations)
Garrison v. Kelley, 2018 Ark. 8 (habeas pleading requirements under Ark. Code Ann. § 16-112-103)
Elms v. State, 299 Ark. 419 (trial court exceeds authority when judgment entered without valid plea)
Darrough v. Kelley, 2017 Ark. 314 (petitioner’s burden to provide evidence showing probable cause)
Marshall v. State, 2017 Ark. 208 (appellate affirmance permissible when result correct though reasoning differs)
Waller v. Kelley, 2016 Ark. 252 (standards for determining frivolousness of habeas appeals)