Johnson v. State
| Decision Date | 01 May 1989 |
| Docket Number | No. CR,CR |
| Citation | 298 Ark. 479,769 S.W.2d 3 |
| Parties | Barry L. JOHNSON, Appellant, v. STATE of Arkansas, Appellee. 88-182. |
| Court | Arkansas Supreme Court |
Darrell F. Brown & Associates, Little Rock, for appellant.
Ann Purvis, Asst. Atty. Gen., Little Rock, for appellee.
Appellant filed a petition for a writ of habeas corpus alleging that he was convicted and sentenced in municipal court and later convicted and sentenced in circuit court on the same facts. The circuit court declined to issue the writ. We affirm.
The issue on appeal is whether the petitioner established that he was being held without lawful authority. Ark.Code Ann. § 16-112-103(a) (1987). One is held without lawful authority when it is shown that: (1) The commitment is invalid on its face; or (2) the court lacked jurisdiction. George v. State, 285 Ark. 84, 685 S.W.2d 141 (1985). Neither of these conditions was met in this case.
(1) Commitment Invalid on Its Face. Appellant makes no assertion that the commitment was invalid on its face.
(2) Court Lacked Jurisdiction. At the time of the second conviction, the one in circuit court, the trial court had personal jurisdiction over the appellant and also had jurisdiction over the subject matter, and had authority to render the particular judgment. Thus, the trial court had jurisdiction and habeas corpus will not issue. See Goodman v. Storey, 221 Ark. 308, 254 S.W.2d 63 (1952).
Affirmed.
I concur, but would decide this habeas corpus case on the basis of waiver as discussed in United States v. Broce, 488 U.S. 563, 109 S.Ct. 757, 102 L.Ed.2d 927 (1989). In that case the Supreme Court held that a defendant must raise a double jeopardy argument at the time of the alleged second conviction or else the issue is waived and, therefore, cannot be raised in a subsequent habeas corpus proceeding. I would overrule any of our cases with dictum to the contrary.
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Terese Marie Meadows v. State
...See Misenheimer v. Hobbs, 2012 Ark. 343 (per curiam); Randolph v. State, 2011 Ark. 510 (per curiam); see also Johnson v. State, 298 Ark. 479, 769 S.W.2d 3 (1989). Here, appellant failed to establish that the claim warranted issuance of a writ of habeas corpus in her case. Jurisdiction is th......
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...See Misenheimer v. Hobbs, 2012 Ark. 343 (per curiam); Randolph v. State, 2011 Ark. 510 (per curiam); see also Johnson v. State, 298 Ark. 479, 769 S.W.2d 3 (1989).Here, appellant failed to establish that the claim was cognizable in his case. Jurisdiction is the power of the court to hear and......
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Wolfe v. Payne
...over the appellant and also has jurisdiction over the subject matter, the court has authority to render the judgment. Johnson v. State , 298 Ark. 479, 769 S.W.2d 3 (1989). A petitioner who files a writ and does not allege his or her actual innocence and proceed under Act 1780 of 2001, codif......
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Mccullough v. State Of Ark. Respondent
...jurisdiction over the defendant in a criminal proceeding has authority to render judgment. Hill, 2010 Ark. 28; Johnson v. State, 298 Ark. 479, 769 S.W.2d 3 (1989). Petitioner offered no factual substantiation for his allegation and thus failed to meet his burden of showing that the trial co......