John Peeler v. State of Arkansas

2021 Ark. 118

• Court: Supreme Court of Arkansas
• Decided: May 27, 2021
• Status: Published

Opinion

Cite as 2021 Ark. 118 SUPREME COURT OF ARKANSAS No. CV-20-709

Opinion Delivered: May 27, 2021 JOHN PEELER APPELLANT PRO SE APPEAL FROM THE LEE COUNTY CIRCUIT COURT V. [NO. 39CV-20-101]

HONORABLE E. DION WILSON, STATE OF ARKANSAS JUDGE APPELLEE AFFIRMED.

RHONDA K. WOOD, Associate Justice

John Peeler alleges he is actually innocent based on insufficient evidence. But like

many before, he wrongfully filed his petition as a writ of habeas corpus instead of under Act

1780 as the plain language of our habeas statute requires. We remain committed to the

statutory language and our precedent on this issue. We affirm.

A Pulaski County jury convicted John Peeler of capital murder. He was sentenced to

life imprisonment without parole for the kidnapping and murder of Chris Cummins. This

court affirmed on direct appeal. Peeler v. State, 326 Ark. 423, 932 S.W.2d 312 (1996). He

now appeals the denial of his pro se petition for writ of habeas corpus under Arkansas Code

Annotated section 16-112-101 (Repl. 2016). Peeler contends he is entitled to habeas relief

because he is actually innocent, arguing insufficient evidence supported his capital-murder

conviction. A writ of habeas corpus cannot issue on this basis. I. Grounds for Issuance of the Writ

A writ of habeas corpus is proper when a judgment and commitment order is invalid

on its face or when a trial court lacked jurisdiction over the cause. Foreman v. State, 2019

Ark. 108, 571 S.W.3d 484. The habeas statute prescribes that a petitioner who alleges he is

actually innocent shall file for relief and proceed under Act 1780 of 20011. See Ark. Code

Ann. § 16-112-103(a)(2) (Repl. 2016). Other petitions must plead either the facial invalidity

of the judgment or the lack of jurisdiction by the trial court. Ark. Code Ann. § 16-112-

103(a)(1) (Repl. 2016).

This court will uphold a circuit court’s decision on a petition for writ of habeas corpus

unless it is clearly erroneous. Hobbs v. Gordon, 2014 Ark. 225, 434 S.W.3d 364. A decision

is clearly erroneous when, although there is evidence to support it, the appellate court, after

reviewing the entire evidence, is left with the definite and firm conviction that there has been

a mistake. Id.

II. Claim for Relief

Peeler contends he is actually innocent of the capital murder, yet he did not bring his

petition under Act 1780. Instead, he argues his claim of actual innocence based on

insufficient evidence is cognizable in a habeas petition brought under section 16-112-101.

He is wrong. This court has consistently interpreted the habeas statute according to its plain

meaning. Arkansas Code Annotated section 16-112-103(a)(2) provides “[t]he procedures for

1 Codified at Arkansas Code Annotated sections 16-112-201 to -208 (Repl. 2016).

2 persons who allege actual innocence shall be in accordance with § 16-112-201 et seq. [Act

1780].” And claims of actual innocence are effectively challenges to the sufficiency of the

evidence that this court will not hear in a habeas proceeding. Stephenson v. Kelley, 2018 Ark.

143, 544 S.W.3d 44; see also Muldrow v. Kelley, 2018 Ark. 126, 542 S.W.3d 856. This is

settled Arkansas law. Id.

Here, Peeler is not challenging the facial validity of his life sentence or the jurisdiction

of the Pulaski County Circuit Court to enter the judgment of conviction. A habeas

proceeding brought under section 16-112-101 does not allow a prisoner to retry his or her

case, and it does not replace a direct appeal or other postconviction relief. Philyaw v. Kelley,

2015 Ark. 465, 477 S.W.3d 503. Moreover, this court already settled Peeler’s sufficiency

argument when we affirmed on that issue in Peeler’s direct appeal. Peeler, 326 Ark. 423, 932

S.W.2d 312. Habeas is not an avenue through which a petitioner can revisit issues of fact

and law that have been settled in the trial court and on direct appeal.

Affirmed.

John Peeler, pro se appellant.

Leslie Rutledge, Att’y Gen., by: Christopher R. Warthen, Ass’t Att’y Gen., for appellee.