Wallace v. State

545 S.W.3d 767
CourtSupreme Court of Arkansas
DecidedMay 17, 2018
DocketNo. CR–79–199
StatusPublished
Cited by26 cases

This text of 545 S.W.3d 767 (Wallace v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wallace v. State, 545 S.W.3d 767 (Ark. 2018).

Opinion

JOHN DAN KEMP, Chief Justice

Pending before this court is petitioner Lewis C. Wallace's pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis and a pro se motion to reply to the State's response to his coram nobis petition. Wallace's claim for coram nobis relief is based on an allegation that the prosecutor withheld material evidence and knowingly used perjured testimony in violation of Brady v. Maryland , 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). We find from a review of the allegations contained in Wallace's petition and its attached exhibits that Wallace failed to demonstrate a fundamental error extrinsic to the record that would have prevented rendition of the judgment; therefore, we deny the petition, and the motion to file a reply is rendered moot.

Wallace was convicted by a jury in 1979 of kidnapping and capital felony murder. He was sentenced to a term of fifteen years' imprisonment on the kidnapping charge and life imprisonment without parole on the murder charge. We affirmed. Wallace v. State , 270 Ark. 17, 603 S.W.2d 399 (1980). Wallace's convictions arose from the kidnapping and murder of Calvin Smith, whom Wallace, along with three codefendants, had accosted and taken to the banks of the Arkansas River where Smith was pushed into the river and drowned. See id. , 270 Ark. 17, 603 S.W.2d 399. Wallace's petition for coram nobis relief concerns the testimony adduced during the trial of one of his codefendants-Marton Hallman, who had been tried separately prior to Wallace's trial. Hallman's conviction was affirmed by this court. Hallman v. State , 264 Ark. 900, 575 S.W.2d 688 (1979).

Wallace asserts in his petition that the prosecutor withheld the testimony adduced at Hallman's trial and knowingly elicited false testimony from Hallman during the course of Wallace's trial. In support of his claim, Wallace recounts Hallman's testimony at his trial and attaches to his coram nobis petition a truncated copy of Hallman's previous testimony.1

The petition for leave to proceed in the trial court is necessary because the trial court can entertain a petition for writ of error coram nobis after a judgment has been affirmed on appeal only after we grant permission. Roberts v. State , 2013 Ark. 56, 425 S.W.3d 771. A writ of error coram nobis is an extraordinarily rare remedy. Id. Coram nobis proceedings are attended by a strong presumption that the judgment of conviction is valid. Id. ; Westerman v. State , 2015 Ark. 69, 456 S.W.3d 374. 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, *770was not brought forward before rendition of the judgment. Roberts , 2013 Ark. 56, 425 S.W.3d 771. The petitioner has the burden of demonstrating a fundamental error of fact extrinsic to the record. Id.

The writ is allowed only 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. ; Howard v. State , 2012 Ark. 177, 403 S.W.3d 38.

In his pro se petition for coram nobis relief, Wallace describes, in pertinent part, Hallman's testimony during Wallace's trial as follows: "I do not know who knocked Smith into the river ... Wallace and Harris were the ones who started the fight and knocked Calvin into the river." According to Wallace, Hallman had formerly testified that he did not see how Smith had ended up in the river. Wallace further contends that the prosecutor intentionally elicited false testimony from Hallman during Wallace's trial.

A review of both the copy of Hallman's testimony attached to the petition and of Hallman's testimony that is set forth in the direct-appeal record demonstrates that there is no material difference between Hallman's testimony at either trial. Specifically, Hallman admitted on cross-examination at his own trial that he saw Wallace and Lewis assault Smith on the banks of the river and that Hallman began walking away from the scene when he heard a splash. Hallman further testified on cross-examination that while he did not see who pushed Smith into the water, or if he was pushed, Wallace and Harris had admitted to Hallman that Smith was pushed into the river, and each had accused the other of pushing Smith.

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Bluebook (online)
545 S.W.3d 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-state-ark-2018.