Roberts v. State
2013 Ark. 57
Ark.2013Background
- Roberts convicted of capital murder and death sentence for Andria Brewer’s murder (May 2000).
- He waived both direct appeal and postconviction relief in 2000; waiver found knowing and intelligent after hearings.
- In 2003, the circuit court affirmed the waiver of postconviction relief; this court reviewed and affirmed.
- Roberts later sought postconviction relief in 2008; the circuit court denied without an evidentiary hearing; this court dismissed on jurisdictional grounds in 2011.
- In 2012 Roberts moved to reopen and reinvest jurisdiction, arguing waiver rescission or mandatory postconviction review; the State argued untimeliness and validity of waiver.
- The court granted reopening due to extraordinary circumstances and lack of a contemporaneous competency evaluation prior to waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether rescinding a postconviction waiver alone justifies reopening | Roberts | State | No; rescission alone is insufficient to reopen |
| Whether extraordinary circumstances exist to recall the mandate and reopen | Roberts | State | Yes; death case + federal stay show extraordinary circumstances |
| Whether a recent competency evaluation was required before waiver | Roberts | State | Yes; need up-to-date evaluation for capacity to choose life/death and waive postconviction rights |
| Whether the failure to obtain a current evaluation before waiver constitutes a defect in the appellate process | Roberts | State | Yes; constitutes breakdown requiring reopening |
Key Cases Cited
- Greene v. State, 338 Ark. 806, 1 S.W.3d 442 (1999) (competency and timing of waivers; later rescission allowed when timely petition)
- Robbins v. State, 339 Ark. 379, 5 S.W.3d 51 (1999) (precedent on waiver of rights and mandate recall in death cases)
- Roberts v. State, 354 Ark. 399, 123 S.W.3d 881 (2003) (precedent reviewing waiver; later remand for new evaluation when stale)
- Newman v. State, 355 Ark. 265, 132 S.W.3d 759 (2003) (remand for mental-health evaluation due to time gap)
- Willett v. State, 337 Ark. 457, 989 S.W.2d 508 (1999) (competency to waive postconviction rights; need capacity to choose life/death)
- Franz v. State, 296 Ark. 181, 754 S.W.2d 839 (1988) (finishing standard for capacity to waive death-penalty rights (overruled on other grounds))
- Lee v. State, 367 Ark. 84, 238 S.W.3d 52 (2006) (recognition of federal stay as fulfilling exhaustion)