Roberts v. State
385 S.W.3d 792
Ark.2011Background
- Roberts was convicted of capital murder and sentenced to death after a 2000 trial; he signed a waiver of direct and postconviction remedies on June 1, 2000.
- This Court conducted Robbins mandatory review and affirmed the conviction and waiver of direct appeal in 2003 (Roberts I) and Roberts II affirmed waiver of postconviction relief without mandating a recall of the mandate.
- Roberts sought state Rule 37.5 postconviction relief in 2008 after federal proceedings; the circuit court allowed an over-length petition and later denied relief in 2010 as an out-of-time petition with bare allegations.
- The State challenged jurisdiction, arguing Roberts’ waiver and lack of mandate recall deprived the circuit court and this Court of subject-matter jurisdiction to entertain the petition.
- Roberts argued distinctions from Greene cases show jurisdiction remained; the State relied on Kemp to assert that without recalling the mandate, a second petition lacks jurisdiction.
- The Supreme Court dismissed the appeal for lack of jurisdiction, holding that after a waiver affirmed by this Court, the circuit court loses jurisdiction to hear further Rule 37.5 petitions unless a petition to reopen is properly filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court had jurisdiction to hear Roberts's Rule 37.5 petition. | Roberts argues jurisdiction remained due to Greene lineage and no recall of mandate required. | State asserts lack of jurisdiction due to failure to recall mandate and because of Roberts II affirming waiver. | No jurisdiction; appeal dismissed for lack of subject-matter jurisdiction. |
Key Cases Cited
- Kemp v. State, 2009 Ark. 631 (Ark. Supreme Court 2009) (recall of mandate required before second Rule 37 petition; jurisdiction/recall rule)
- State v. Greene, 338 Ark. 806 (Ark. 1999) (waiver of appellate rights; Greene I)
- Greene v. State, 343 Ark. 526 (Ark. 2001) (Greene II direct appeal; waiver context)
- Greene v. State, 356 Ark. 59 (Ark. 2004) (Greene III postconviction; waiver not recited)
- Beulah v. State, 352 Ark. 472 (Ark. 2003) (jurisdictional principle; non-consent to confer jurisdiction)
- Watkins v. State, 2010 Ark. 156 (Ark. Supreme Court 2010) (once petitioner lodges appeal transcript, trial court loses jurisdiction in Rule 37.1; extends to 37.5)