Zulpo v. State
2014 Ark. 14
Ark.2014Background
- In 1987 Zulpo was convicted in Saline County Circuit Court of kidnapping and sentenced to 240 months in case 63CR-86-361.
- The Arkansas Court of Appeals affirmed his conviction (Zulpo v. State, CR-87-224 (Ark. App. Aug. 31, 1988)).
- Zulpo now moves to reinvest jurisdiction in the circuit court to pursue a writ of error coram nobis.
- Coram nobis is a highly narrow remedy available only in exceptional circumstances and certain enumerated contexts.
- The petition seeks permission to file coram nobis after affirmation on appeal, which requires prior permission from this Court.
- Historical record shows a 1996 order dismissing 63CR-86-361 for failure to afford a speedy trial and subsequent proceedings including a 2011 Rule 37.1 petition and a 2009 re-incarceration in relation to the same case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Zulpo's petition fits coram-nobis scope. | Zulpo contends proceeding is warranted because he was returned to prison on a case dismissed years earlier. | State argues coram nobis is limited to four narrow categories and does not fit this record. | Petition dismissed; coram-nobis remedy not applicable here. |
Key Cases Cited
- Charland v. State, 2013 Ark. 452 (Ark. 2013) (per curiam; rule on coram-nobis scope)
- Cromeans v. State, 2013 Ark. 273 (Ark. 2013) (per curiam; limits of writ applicability)
- Pitts v. State, 336 Ark. 580, 986 S.W.2d 407 (Ark. 1999) (per curiam; coram-nobis categories)
- McDaniels v. State, 2012 Ark. 465 (Ark. 2012) (coram-nobis availability for fundamental errors)
- Maxwell v. State, 2012 Ark. 251 (Ark. 2012) (requires extrinsic-fact showing to warrant relief)
- Williams v. State, 2011 Ark. 541 (Ark. 2011) (burden to show fundamental error extrinsic to the record)
- Roberts v. State, 2013 Ark. 56 (Ark. 2013) (presumption of validity of conviction in coram nobis context)
- Carter v. State, 2012 Ark. 186 (Ark. 2012) (per curiam; coram-nobis standards reference)
- Penn v. State, 282 Ark. 571, 670 S.W.2d 426 (Ark. 1984) (cited for background on coram-nobis concept)
- Troglin v. State, 257 Ark. 644, 519 S.W.2d 740 (Ark. 1975) (historical context on coram-nobis)