Washington v. Norris, 2010 Ark. 104 (Ark. 2/25/2010)

• Decision Date: 25 February 2010
• Docket Number: 09-1133.
• Citation: 2010 Ark. 104
• Parties: Delarron Keith WASHINGTON, Appellant, v. Larry NORRIS, Appellee.
• Court: Arkansas Supreme Court

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2010 Ark. 104

Delarron Keith WASHINGTON, Appellant, v. Larry NORRIS, Appellee.

09-1133.

Supreme Court of Arkansas.

Opinion Delivered February 25, 2010.

Pro Se Motions for Expansion of Page Limits in Brief and to File Belated Brief [Circuit Court of Lee County, Cv 2009-112, Hon. Richard Proctor, Judge].

Appeal Dismissed; Motions Moot.

PER CURIAM.

In 2009, appellant DeLarron Keith Washington filed a pro se petition for writ of habeas corpus pursuant to Arkansas Code Annotated §§ 16-112-101 to -123 (Repl. 2006) in the county where he was incarcerated at a unit of the Arkansas Department of Correction. In the petition, he contended that he was incarcerated by virtue of convictions obtained in a trial at which he was not afforded the effective assistance of counsel guaranteed by the Constitution. He further argued without elucidation that the trial court "lacked jurisdiction and/or [he] is being detained for an illegal period of time." The circuit court denied the petition, and appellant has lodged an appeal of the order in this court. He now seeks by pro se motions leave to submit a brief that contains an over-length argument and leave to file a belated brief.¹ Because it is clear that appellant cannot prevail on appeal, we dismiss the appeal. The motions are moot.

An appeal of the denial of postconviction relief, including an appeal from an order that denied a petition for writ of habeas corpus, will not be permitted to go forward where it is clear that the appellant could not prevail. Grissom v. State, 2009 Ark. 557 (per curiam); Pineda v. Norris, 2009 Ark. 471 (per curiam); Lukach v. State, 369 Ark. 475, 255 S.W.3d 832 (2007) (per curiam). Here, appellant failed to establish that his petition merited the relief sought.

The burden is on the petitioner in a habeas corpus petition to establish that the trial court lacked jurisdiction or that the commitment was invalid on its face; otherwise, there is no basis for a finding that the writ should issue. Young v. Norris, 365 Ark. 219, 226 S.W.3d 797 (2006) (per curiam). The petitioner must plead either the facial invalidity or the lack of jurisdiction and make a "showing by affidavit or other evidence, [of] probable cause to believe" he is illegally detained. Id. at 221, 226 S.W.3d at 798—99.

A claim of ineffective assistance of counsel does not in itself demonstrate that a judgment of conviction is invalid or that a trial court lacked jurisdiction to try the accused. A habeas corpus proceeding does not afford a prisoner an opportunity...