Eric Burgie v. State of Arkansas

2025 Ark. 94

• Court: Supreme Court of Arkansas
• Decided: May 29, 2025
• Status: Published

Opinion

Cite as 2025 Ark. 94 SUPREME COURT OF ARKANSAS No. CR-24-532

Opinion Delivered: May 29, 2025 ERIC BURGIE APPELLANT PRO SE APPEAL FROM THE GARLAND COUNTY CIRCUIT COURT V. [NO. 26CR-00-366]

STATE OF ARKANSAS HONORABLE RALPH OHM, JUDGE APPELLEE AFFIRMED.

RHONDA K. WOOD, Associate Justice

Appellant Eric Burgie filed for relief under Arkansas Code Annotated section 16-90-

111 (Repl. 2016) to correct his sentence on the basis that the circuit court lacked

jurisdiction. He alleged that, at the time of his conviction, aggravated robbery was not listed

as an underlying felony for capital murder. Because res judicata applies, we hold the circuit

court was not clearly erroneous in denying Burgie’s petitions. We affirm.

In 2001, a jury convicted Burgie of capital murder and aggravated robbery and

sentenced him to life imprisonment without parole. This court affirmed. Burgie v. State,

CR-02-90 (Ark. Feb. 20, 2003) (unpublished per curiam). This appeal is from a May 7

order denying his petitions for in forma pauperis status and petitions to correct an illegal

sentence.1 We affirm the denial of relief.

1 Burgie filed multiple petitions, both for in forma pauperis status and relief under the statute, before the circuit court’s order. He filed petitions on February 22, and April 15 (before the order), and on May 21, and August 15 (after the order). On review, a circuit court’s decision to deny relief under section 16-90-111 will be

overturned only if that decision is clearly erroneous. Harmon v. State, 2023 Ark. 120, at 2,

673 S.W.3d 797, 799. A finding is clearly erroneous when the appellate court, after

reviewing the entire evidence, is left with the definite and firm conviction that the circuit

court made a mistake. Id.

Again, Burgie argues that the trial court did not have jurisdiction in his original

criminal case. In 2001, he was convicted of capital murder with aggravated robbery as the

underlying felony under Arkansas Code Annotated section 5-10-101 (Repl. 1997). Burgie

has repeatedly asserted that the trial court lacked jurisdiction because aggravated robbery

was not included in the list of underlying felonies. Burgie’s argument has not only been

asserted previously but has also been rejected by this court See Burgie v. State, 2016 Ark. 170

(per curiam) (noting this was the third time Burgie had raised the issue); Burgie v. State, 2016

Ark. 144 (per curiam); Burgie v. Hobbs, 2013 Ark. 360 (per curiam). We have addressed the

issue in other cases as well. See, e.g., Jefferson v. State, 2023 Ark. 38, at 3, 660 S.W.3d 575,

578; Nooner v. State, 322 Ark. 87, 106, 907 S.W.2d 677, 687 (1995). Robbery was an

underlying felony, and aggravated robbery is still robbery; therefore, aggravated robbery was

an appropriate “underlying felony” to support a capital-murder conviction. Id.

The purpose of claim preclusion is to end litigation by preventing a party who has

already had a fair trial on the matter from litigating it again. Gulley v. State ex rel. Jegley, 2023

Ark. 70, at 6, 664 S.W.3d 421, 425. Claim preclusion bars relitigating a subsequent suit

when five factors are present: (1) the first suit resulted in a final judgment on the merits; (2)

the first suit was based on proper jurisdiction; (3) the first suit was fully contested in good

2 faith; (4) both suits involve the same claim or cause of action; and (5) both suits involve the

same parties or their privies. Id. at 6, 664 S.W.3d at 426.

Burgie’s claims on this issue have been presented, litigated, and denied. For these

reasons, we hold the circuit court’s decision was not clearly erroneous and affirm. We put

Burgie on notice that further attempts to litigate this issue may be summarily dismissed by

this court or the circuit court.2

We decline to address the denial of his petition to proceed in forma pauperis. Any

finding is now moot. See, e.g., Lukach v. State, 2020 Ark. 175.

Affirmed.

Special Justice DON CURDIE joins.

BRONNI, J., not participating.

Eric Burgie, pro se appellant.

Tim Griffin, Att’y Gen., by: Michael Zangari, Ass’t Att’y Gen., for appellee.

2 As explained, he has raised the issue four times now in this court as well as filing four petitions in 2024 alone in the circuit court.