Travis v. State
2014 Ark. 82
Ark.2014Background
- In 2006, Travis was convicted of capital murder and aggravated robbery and sentenced to life without parole.
- Arkansas Supreme Court affirmed the conviction on direct appeal.
- Travis filed pro se postconviction relief under Rule 37.1, which was denied and affirmed by this court.
- Travis now seeks reinvestment of jurisdiction in the trial court to pursue a writ of error coram nobis.
- Writ of error coram nobis is rare and available only for compelling, fundamental-extrinsic-errors; petition must show such error.
- The court denies reinvestment, holds coram nobis unavailable for the asserted issues, and declines to recall the direct-appeal mandate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether coram nobis relief is available for trial errors not extrinsic to the record | Travis argues for relief based on trial error (change of venue) allegedly affecting judgment. | State contends such trial-error claims are not valid grounds for coram nobis. | No; coram nobis not available for trial errors. |
| Whether the change of venue claim constitutes grounds for coram nobis relief | Petitioner asserts trial-venue error warrants relief. | State maintains venue issues are trial errors known at the time and not coram nobis grounds. | No; change of venue error not a coram-nobis ground. |
| Whether to recall the direct-appeal mandate based on asserted errors and sentence length | Petitioner seeks recall for fundamental fairness and extraordinary circumstances. | State argues no extraordinary circumstances to reopen the mandate. | No; mandate recall denied. |
Key Cases Cited
- Charland v. State, 2013 Ark. 452 (Ark. (2013)) (coram nobis availability for fundamental errors)
- Cromeans v. State, 2013 Ark. 273 (Ark. (2013)) (limits of coram nobis; extraordinary remedy)
- Pitts v. State, 336 Ark. 580 (Ark. (1999)) (per curiam; coram nobis standards)
- Roberts v. State, 2013 Ark. 56 (Ark. (2013)) (presumption of validity of judgment)
- Demeyer v. State, 2013 Ark. 456 (Ark. (2013)) (limitations on coram nobis; trial errors not ground)
- Wright v. State, 2014 Ark. 25 (Ark. (2014)) (burden and scope of coram nobis; fundamental-errors standard)