Munnerlyn v. State
2014 Ark. 27
| Ark. | 2014Background
- In 1986 Robert Munnerlyn was convicted of three felonies in Pulaski County and sentenced to life; this Court affirmed the convictions in 1987.
- Rule 37.2(a) (as applied to pre–July 1, 1989 judgments affirmed on appeal) requires leave from this Court before filing a postconviction Rule 37.1 petition in the trial court.
- Rule 37.2(c) (as applied to Munnerlyn) bars untimely petitions filed more than three years after commitment unless the petitioner alleges a defect so fundamental that the judgment is a complete nullity.
- Munnerlyn previously filed a Rule 37.1 petition raising invalid arrest warrant, defective information, Miranda warning, and ineffective-assistance claims; this Court denied relief in 2013, finding none voided the judgment.
- Munnerlyn filed a second pro se Rule 37.1 petition in 2013 raising again: invalid arrest/warrant and information, illegal search, and various ineffective-assistance claims.
- The Court dismissed the second petition because Munnerlyn did not present any new claim sufficient to render the conviction a complete nullity, and many claims had been or could have been raised earlier.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdictional/leave requirement to file second Rule 37.1 petition | Munnerlyn sought leave to file a second Rule 37.1 petition in trial court | State asserted Rule 37.2 requires leave and that successive petitions must allege a voiding defect | Dismissed: Munnerlyn failed to allege a defect sufficient to void the judgment, so second petition not permitted |
| Validity of arrest warrant and felony information | Munnerlyn argued arrest warrant was invalid and information defective (improper signature) | State argued these claims were previously raised and insufficient to void judgment | Dismissed: Court reaffirmed earlier ruling that these claims do not render judgment void |
| Illegal search (evidence obtained unlawfully) | Munnerlyn claimed evidence was obtained via illegal search | State argued search issue is trial error that must be raised on direct review and does not void judgment | Dismissed: Illegal-search claim is not of fundamental character to nullify judgment |
| Ineffective assistance of counsel | Munnerlyn alleged multiple ineffective-assistance errors (many previously raised) | State maintained none show a fundamental error rendering conviction a nullity | Dismissed: Allegations did not meet burden to show fundamental error; insufficient facts to void judgment |
Key Cases Cited
- Munnerlyn v. State, 293 Ark. 209, 736 S.W.2d 282 (affirming convictions) (background of original appeal)
- Travis v. State, 286 Ark. 26, 688 S.W.2d 935 (1985) (burden on petitioner to show ground sufficient to void judgment)
- Collins v. State, 271 Ark. 825, 611 S.W.2d 182 (1981) (per curiam) (void-judgment examples)
- Jeffers v. State, 301 Ark. 590, 786 S.W.2d 114 (1990) (grounds sufficient to void must render judgment a nullity)
- Collins v. State, 324 Ark. 322, 920 S.W.2d 846 (1996) (certain fundamental rights may be raised first in Rule 37.1)
- Rowbottom v. State, 341 Ark. 33, 13 S.W.3d 904 (2000) (double-jeopardy as a fundamental claim)
- Ruiz v. State, 280 Ark. 190, 655 S.W.2d 441 (1983) (reasserted claims previously rejected cannot reopen collateral review)
- Sanchez v. State, 290 Ark. 39, 716 S.W.2d 747 (1986) (search-evidence trial error not voiding defect)
- Martin v. State, 277 Ark. 175, 639 S.W.2d 738 (1982) (ineffective-assistance allegations must show fundamental error to void judgment)
- Holt v. State, 281 Ark. 210, 662 S.W.2d 822 (1984) (burden to support claim of fundamental error)