White v. State
438 S.W.3d 916
Ark.2014Background
- White was convicted in 2003 of rape of a child and sentenced to 240 months in prison; the Arkansas Court of Appeals affirmed.
- He filed a petition in this court seeking reinvestment of jurisdiction in the circuit court to pursue a writ of error coram nobis.
- A petition for leave to proceed in the trial court is required to pursue coram nobis after direct appeal affirmed.
- Coram nobis is an extraordinary remedy available only for compelling circumstances involving fundamental extrinsic errors.
- White claims new evidence: the victim recants at trial and a 2009 letter suggesting the victim lied and was manipulated by her mother.
- The court denied relief, holding recantation evidence alone is not cognizable and there were no extraordinary circumstances to reopen the direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether recanted testimony supports coram nobis relief | White argues recantation constitutes new evidence of innocence. | State contends recantation alone is not a proper coram nobis ground. | Recanted testimony alone is not cognizable; relief denied. |
| Whether the 2009 letter constitutes extraordinary grounds for relief | White asserts the letter corroborates recantation and demonstrates innocence. | State argues letter does not reveal a fundamental extrinsic error. | No extraordinary circumstances demonstrated; relief denied. |
| Whether recall of the direct-appeal mandate is warranted | White seeks recalling the mandate to pursue coram nobis. | State argues mandate recall is limited to death penalty cases. | Mandate recall denied; not applicable here. |
| Whether jurisdiction should be reinvested to permit coram nobis petition | White seeks reinvestment to pursue coram nobis in the circuit court. | State opposes reinvestment absent compelling grounds. | Petition denied; no basis found to reinvest jurisdiction. |
Key Cases Cited
- Pitts v. State, 336 Ark. 580, 986 S.W.2d 407 (1999) (recantation of testimony not ground for coram nobis)
- Williams v. State, 201 Ark. 541 (2011) (per curiam; coram nobis limits)
- Jackson v. State, 201 Ark. 767, 140 S.W.2d 675 (1940) (recantation not remedy for coram nobis)
- Roberts v. State, 201 Ark. 56 (1984) (coram-nobis presumption of validity of judgment)
- Robbins v. State, 353 Ark. 556, 114 S.W.3d 217 (2003) (requires extraordinary circumstances for extrinsic facts)
- McDaniels v. State, 2012 Ark. 465 (per curiam) (writ available only for fundamental errors)
- Charland v. State, 201 Ark. 452 (2013) (categories for coram nobis relief)
- Cloird v. State, 201 Ark. 303 (2011) (extrinsic errors standard)
- Wright v. State, 201 Ark. 25 (2014) (burden to show fundamental extrinsic error)