Moten v. Kelley
2016 Ark. 80
| Ark. | 2016Background
- Robert J. Moten was convicted after a 2010 bench trial of first- and second-degree battery and sentenced to an aggregate 264 months’ imprisonment.
- On direct appeal Moten argued he was denied a jury trial; the Arkansas Court of Appeals held he knowingly and voluntarily waived the right and affirmed the conviction.
- In 2015 Moten filed a habeas corpus petition in Lincoln County Circuit Court asserting the trial court lacked jurisdiction because he was not afforded a jury trial; the circuit court denied habeas relief and dismissed declaratory-judgment claims.
- Moten appealed the denial of habeas relief; he did not challenge the dismissal of the declaratory-judgment claims on appeal.
- The central legal question is whether a valid waiver of a jury trial divests the trial court of jurisdiction such that habeas corpus relief is warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court lacked jurisdiction because Moten was not given a jury trial | Moten: waiver invalid or nonexistent; absence of jury deprived court of jurisdiction | State: Moten knowingly, intelligently, and voluntarily waived jury under Ark. R. Crim. P. 31; waiver was valid and assented to by prosecutor and court | Court: Waiver was valid; waiver provisions do not deprive the trial court of jurisdiction — habeas relief not warranted |
| Whether Moten met the statutory habeas burden to show facial invalidity or lack of jurisdiction | Moten: asserted lack of jurisdiction via jury-right claim | State: petitioner must show judgment facially invalid or lack of jurisdiction and make a showing of probable cause per Ark. Code § 16-112-103(a)(1) | Court: Moten failed to show facial invalidity or lack of jurisdiction; did not meet habeas burden; denial affirmed |
Key Cases Cited
- Johnson v. State, 314 Ark. 471, 868 S.W.2d 42 (1993) (Arkansas Constitution permits jury-trial waiver in manner prescribed by law)
- Hobbs v. Gordon, 2014 Ark. 225, 434 S.W.3d 364 (appellate standard for reversing habeas rulings; clearly erroneous standard)
- Sims v. State, 2015 Ark. 363, 472 S.W.3d 107 (issues not raised on appeal are abandoned)