Munnerlyn v. State

545 S.W.3d 207
Supreme Court of Arkansas·Decided May 3, 2018·No. No. CR–87–61·Published·Cited by 8 cases

Opinion

ROBIN F. WYNNE, Associate Justice

Petitioner Robert Munnerlyn has filed a motion to reinvest jurisdiction in the trial court to consider a petition for a writ of audita querela, or alternatively, for leave to file a postconviction petition in the trial court pursuant to Rule 37.2(a) (1986) of the Arkansas Rules of Criminal Procedure. Because a writ of audita querela is indistinguishable from a writ of error coram nobis, Munnerlyn's request for audita querela relief is treated as a petition to reinvest jurisdiction in the trial court to consider a writ of error coram nobis. See Pitts v. State , 2016 Ark. 345, 501 S.W.3d 803 (recognizing that a writ of audita querela is available to criminal defendants); 7A C.J.S. Audita Querela § 2 (2016) (The difference between coram nobis and audita querela is largely one of timing, not substance.). Munnerlyn's alternative request for relief pursuant to Rule 37.2 represents his third pro se petition for such relief. For the reasons set forth below, Munnerlyn has failed to raise sufficient allegations that establish entitlement to either *209basis for postconviction relief, and the motion is denied.

A jury found Munnerlyn guilty of aggravated robbery, theft of property, and criminal attempt to commit capital murder. His respective sentences were life, thirty years, and sixty years. Munnerlyn challenged his confession on appeal based on the claim that the confession was involuntary in that it was the product of drug-induced intoxication. This court rejected the argument, concluded that the confession was voluntary, and affirmed his convictions and sentences. Munnerlyn v. State , 293 Ark. 209, 736 S.W.2d 282 (1987).

The applicable version of Rule 37.2(a) with respect to petitioners with judgments entered before July 1, 1989, which have been affirmed on appeal requires the petitioner to obtain leave from this court before filing a postconviction petition in the trial court.1 Travis v. State , 286 Ark. 26, 688 S.W.2d 935 (1985). Similarly, the trial court cannot entertain a petition for writ of error coram nobis after a judgment has been affirmed on appeal unless this court grants permission. Newman v. State , 2009 Ark. 539, 354 S.W.3d 61.

Coram nobis proceedings are attended by a strong presumption that the judgment of conviction is valid. Westerman v. State , 2015 Ark. 69, 456 S.W.3d 374. 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 does not lie to address issues which could have been raised at trial. Pitts v. State , 336 Ark. 580, 986 S.W.2d 407 (1999). The function of the writ is to secure relief from a judgment rendered while there existed some fact which 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 judgment. Howard v. State , 2012 Ark. 177, 403 S.W.3d 38. The writ is allowed under compelling circumstances to achieve justice and to address errors of the most fundamental nature. Id. 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. Id. Generally, newly discovered evidence is not a basis for relief under coram nobis. Larimore v. State , 327 Ark. 271, 280, 938 S.W.2d 818, 822 (1997).

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