Melvin Jefferson v. State of Arkansas

2019 Ark. 408

• Court: Supreme Court of Arkansas
• Decided: December 19, 2019
• Status: Published

Opinion

Digitally signed by Susan P. Williams Reason: I attest to the accuracy and integrity of Cite as 2019 Ark. 408 this document Date: SUPREME COURT OF ARKANSAS 2021.07.12 No. CV-19-426 13:18:34 -05'00'

Opinion Delivered: December 19, 2019 MELVIN JEFFERSON APPELLANT PRO SE APPEAL FROM THE V. JEFFERSON COUNTY CIRCUIT COURT STATE OF ARKANSAS [NO. 35CV-19-179] APPELLEE HONORABLE JODI RAINES DENNIS, JUDGE

AFFIRMED.

RHONDA K. WOOD, Associate Justice

Melvin Jefferson appeals the circuit court’s denial of his pro se petition for writ of

audita querela and for relief pursuant to Arkansas Rule of Civil Procedure 60(k) (2018).

Because the circuit court did not abuse its discretion, we affirm.

I. History

Jefferson pleaded guilty in 2004 to one count of first-degree domestic battery and

two counts of second-degree domestic battery. He was sentenced to an aggregate term of

twenty-five years’ imprisonment. In 2019, Jefferson filed his petition for writ of audita

querela contending that the writ was permitted by Arkansas Rule of Civil Procedure 60(k).1

In the petition, he sought modification of his sentence on the grounds that the circuit court

1 These petitions are ordinarily filed under the same circuit court docket number as the petitioner’s criminal judgment. In this matter, the circuit clerk filed Jefferson’s petition under a new civil-case number. did not adhere to Arkansas Rule of Criminal Procedure 24.4 when it accepted his guilty

plea because it failed to inform him of the percentage of time he would need to serve before

becoming eligible for parole. In addition, he further alleged that (1) the circuit court lacked

jurisdiction; (2) the judgment was invalid because there was no contra pacem clause in the

charging instrument for each of the three charges and for the declaration that he was charged

as a habitual offender; and (3) the Arkansas Department of Correction (ADC) has

miscalculated his parole-eligibility date.

The circuit court treated the petition as a petition for writ of error coram nobis.

Jefferson argues on appeal that the circuit court did not enter specific findings with respect

to his petition and erroneously considered his petition as a petition for writ of error coram

nobis petition rather than a petition for writ of audita querela, which is permitted by Rule

60(k). He contends that if the petition had been treated as a petition for writ of audita

querela, he would have been entitled to an evidentiary hearing and relief from the judgment.

II. Petition for Writ of Audita Querela

We have held that a writ of audita querela is indistinguishable from a writ of error

coram nobis, and a court properly treats a request for permission to pursue audita querela

relief as a petition for writ of error coram nobis. Alexander v. State, 2019 Ark. 171, 575

S.W.3d 401. Accordingly, it was not error for the circuit court to consider Jefferson’s

petition as a coram nobis petition. Although Jefferson contended Rule 60(k) authorized him

to file this specific petition, it specifically abolished coram vobis and audita querela actions

as a procedure for obtaining relief from a judgment. Therefore, any petition for a writ of

error challenging a criminal judgment of conviction in this state is clearly a petition for a

2 writ of error coram nobis as it applies in modern law. Gonder v. State, 2019 Ark. 156 (citing

Whitney v. State, 2018 Ark. 138).

III. Petition for Writ of Error Coram Nobis

We review a denial of a petition for writ of error coram nobis for abuse of discretion.

Newman v. State, 2014 Ark. 7. An abuse of discretion occurs when the court acts arbitrarily

or groundlessly. Nelson v. State, 2014 Ark. 91, 431 S.W.3d 852. There is no abuse of

discretion in the denial of error coram nobis relief when the claims in the petition are

groundless. Osburn v. State, 2018 Ark. 341, 560 S.W.3d 774. The circuit court is not

required to hold a hearing on a coram nobis petition if the petition clearly has no merit.

Griffin v. State, 2018 Ark. 10, 535 S.W.3d 261.

A writ of error coram nobis is an extraordinarily rare remedy. State v. Larimore, 341

Ark. 397, 17 S.W.3d 87 (2000). The function of the writ is to secure relief from a judgment

when there existed some fact that would have prevented it had it been known to the circuit

court and that, through no negligence or fault of the defendant, was not brought forward

before rendition of the judgment. Newman v. State, 2009 Ark. 539, 354 S.W.3d 61. The

petitioner has the burden of demonstrating a fundamental error of fact extrinsic to the

record. Roberts v. State, 2013 Ark. 56, 425 S.W.3d 771. Error coram nobis proceedings are

attended by a “strong presumption” that the judgment of conviction is valid. Nelson, 2014

Ark. 91, at 3, 431 S.W.3d at 854.

A writ of error coram nobis is available to address errors that are found in certain

categories: insanity at the time of trial; a coerced guilty plea; material evidence withheld by

the prosecutor; or a third-party confession to the crime during the time between conviction

3 and appeal. Howard v. State, 2012 Ark. 177, 403 S.W.3d 38. The ADC’s calculation of parole

eligibility is not within the purview of a coram nobis proceeding.

The allegations that Jefferson raised did not fit within the categories for claims that

warrant issuance of a writ of error coram nobis. The circuit court’s ruling that Jefferson’s

allegations should have been raised when the plea was entered in 2004 or in a timely petition

under Rule 37.1 was a correct statement of law. If there were flaws in the guilty-plea

proceeding, Jefferson’s remedy was to raise those issues under Rule 37.1. See Love v. Kelley,

2018 Ark. 206, 548 S.W.3d 145 (noting that irregularities in the guilty-plea proceeding are

properly raised under the rule). Error coram nobis proceedings are not a substitute for

proceeding under Rule 37.1 to challenge the validity of a guilty plea, nor are the two

proceedings interchangeable. White v. State, 2015 Ark. 151, 460 S.W.3d 285; see also Nelson,

2014 Ark. 91, 431 S.W.3d 852.

An allegation of ineffective assistance of counsel is not cognizable in a coram nobis

proceeding. White, 2015 Ark. 151, 460 S.W.3d 285. Even when counsel’s advice is

erroneous or improvident, the petitioner has not stated a ground for a writ of error coram

nobis because poor advice does not constitute a fundamental error of fact extrinsic to the

record that warrants issuance of the writ. See Green v. State, 2016 Ark. 386, 502 S.W.3d

524.

HART, J., concurs.

4 JOSEPHINE LINKER HART, Justice, concurring. I agree that the circuit court did

not err in denying Mr. Jefferson’s petition for a writ of audita querela. However, I concur

in the result for the reason stated in my concurrence in French v. State, 2019 Ark. 388.

I concur.

Melvin L. Jefferson, pro se appellant.

Leslie Rutledge, Att’y Gen., by: Jason Michael Johnson, Ass’t Att’y Gen., for appellee.