Russell v. Kelley
2016 Ark. 224
Ark.2016Background
- Roy Lee Russell was convicted by jury on August 8, 2013 of second-degree battery and being a felon in possession of a firearm and sentenced as a habitual offender.
- The trial court pronounced consecutive sentences of 180 months and 480 months, totaling 660 months in open court; Russell did not object at sentencing.
- The August 8, 2013 sentencing order correctly listed each individual sentence but erroneously stated the aggregate total as 480 months.
- On August 19, 2013 the circuit court entered an amended sentencing order reflecting the correct aggregate total of 660 months.
- Russell filed a pro se habeas petition in January 2016 claiming the sentencing order was facially invalid and the court lacked jurisdiction; the circuit court denied relief, and Russell appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentencing order was facially invalid such that habeas relief is warranted | The August 8 order’s incorrect aggregate total (480 months) renders the judgment invalid on its face | The incorrect total was a clerical error; the court had jurisdiction to correct it and the sentence pronounced in open court (660 months) controls | Court held the error was clerical, correctable nunc pro tunc, and did not render the judgment invalid on its face; habeas relief denied |
| Whether the trial court lacked jurisdiction to enter the amended order | Russell argued the circuit court lacked jurisdiction to enter an amended sentencing order | State argued the court retained jurisdiction to correct clerical errors and to make the judgment reflect what was pronounced in open court | Court held it had jurisdiction to correct the clerical error and enter an amended order; no jurisdictional defect |
| Whether clerical errors bar enforcement or entitle habeas relief | Russell claimed the clerical discrepancy justified habeas relief | State relied on precedent that clerical errors do not prevent enforcement nor support habeas relief | Court held clerical errors do not prevent enforcement and do not entitle a petitioner to habeas relief |
| Whether petitioner met burden under habeas statute to show illegality of detention | Russell alleged facial invalidity and lack of jurisdiction but offered no additional proof of illegality | State argued Russell failed to meet statutory burden to show probable cause of illegal detention | Court held Russell failed to carry his burden; habeas petition properly denied |
Key Cases Cited
- McCuen v. State, 338 Ark. 631, 999 S.W.2d 682 (1999) (trial court may correct clerical errors and enter judgment nunc pro tunc to reflect what was pronounced in open court)
- Sherman v. State, 326 Ark. 153, 931 S.W.2d 417 (1996) (recognizing correction of clerical sentencing errors)
- Clements v. State, 312 Ark. 528, 851 S.W.2d 422 (1993) (same)
- Lovett v. State, 267 Ark. 912, 591 S.W.2d 683 (1979) (same)
- Harrison v. State, 200 Ark. 257, 138 S.W.2d 785 (1940) (same)
- Green v. State, 430 S.W.3d 729 (Ark. 2013) (clerical errors and nunc pro tunc corrections discussed)