Rhoades v. StateRhoades v. State
Now before us is petitioner‘s second petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. He also asks that the petition be considered in the alternative as a petition to proceed in the trial court under
First, we note that it is not necessary under
Petitioner invokes Martinez v. Ryan, — U.S. —, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012) and related cases, arguing that he should be permitted to proceed under the Rule on the ground that the trial court denied him his right to proceed under the Rule. He has appended to his petition a letter from the trial
With respect to the request for a writ of certiorari in which petitioner raises allegations of ineffective assistance of counsel, trial error, and error by this court in its decision on direct appeal, petitioner could have raised his claims pertaining to the effectiveness of counsel in the trial court in a timely petition under
As to the request to recall the mandate issued on direct appeal, this court has reserved recalling mandates to certain circumstances that do not apply to petitioner‘s case. In Lee v. State, 367 Ark. 84, 238 S.W.3d 52 (2006), this court identified three factors that must be met to recall a mandate: (1) the presence of a defect in the appellate process; (2) a dismissal of proceedings in federal court because of unexhausted state court claims; and (3) the appeal was a death case that required heightened scrutiny. Petitioner has not met these three criteria. A petitioner who does not met the criteria, including that the matter be a death-penalty case, is not entitled to recall of the mandate. Isom v. State, 2011 Ark. 149, 2011 WL 1319633 (per curiam) (citing Lee, 367 Ark. 84, 238 S.W.3d 52).
Turning to petitioner‘s request to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis, petitioner has not stated a ground for the writ. A writ of error coram nobis is an extraordinarily rare remedy more known for its denial than its approval. Mackey v. State, 2014 Ark. 491, 2014 WL 6602313 (per curiam). Coram-nobis proceedings are attended by a strong presumption that the judgment of conviction is valid. Greene v. State, 2013 Ark. 251, 2013 WL 2460096 (per curiam). The function of the writ is to secure relief from a judgment rendered while there existed some fact that would have prevented its rendition if it had been known to the trial court and which, through no negligence or fault of the defendant, was not brought forward before rendition of the judgment.
The writ is allowed only under compelling circumstances to achieve justice and to address errors of the most fundamental nature. Mackey, 2014 Ark. 491; Cromeans v. State, 2013 Ark. 273, 2013 WL 3179379 (per curiam). A writ of error coram nobis is available for addressing certain errors that are found in one of four categories: (1) insanity at the time of trial, (2) a coerced guilty plea, (3) material evidence withheld by the prosecutor, or (4) a third-party confession to the crime during the time between conviction and appeal. Wright v. State, 2014 Ark. 25, 2014 WL 260993 (per curiam); Greene, 2013 Ark. 251.
In his petition, petitioner does not contend that there is any specific ground for issuance of the writ that can be said to be within one of the four categories for relief. Instead, he argues ineffective assistance of counsel, trial error, errors by this court in its decision on direct appeal, and the failure of the trial court to consider his
Finally, petitioner asks that counsel be appointed to “perfect” his petition. As petitioner has not stated a ground for relief under any of the remedies that he invokes, the motion for counsel is denied.
Petition and motion denied.