Wilson v. State

• Decision Date: 19 May 2022
• Docket Number: CV-22-16
• Citation: 2022 Ark. 108
• Parties: TONY FRANKLIN WILSON APPELLANT v. STATE OF ARKANSAS APPELLEE
• Court: Arkansas Supreme Court

2022 Ark. 108

TONY FRANKLIN WILSON APPELLANT
v.
STATE OF ARKANSAS APPELLEE

No. CV-22-16

Supreme Court of Arkansas

May 19, 2022

PRO SE APPEAL FROM THE JEFFERSON COUNTY CIRCUIT COURT [NO. 35CV-21-476] HONORABLE JODI RAINES DENNIS, JUDGE

Tony Franklin Wilson, pro se appellant.

Leslie Rutledge, Att'y Gen., by: David L. Eanes Jr., Ass't Att'y Gen., for appellee.

SHAWN A. WOMACK, ASSOCIATE JUSTICE

Appellant Tony Wilson appeals the circuit court's dismissal of his pro se petition for a writ of habeas corpus that he filed pursuant to article 2, section 11 of the Arkansas Constitution and Arkansas Code Annotated sections 16-112-101 to -123 (Repl. 2016). Wilson alleges that he is actually innocent of the crime for which he was convicted, that his trial counsel was ineffective, and that he was denied due process when this court refused his request for a copy of his trial transcript at public expense. Because Wilson has failed to state a cognizable claim for habeas relief, we affirm.

I. Background

In 1994, a White County jury convicted Wilson of raping his twelve-year-old daughter and sentenced him as a habitual offender to 60 years' imprisonment. This court affirmed his conviction on direct appeal. Wilson v. State, 320 Ark. 707, 710, 898 S.W.2d 469, 471 (1995).

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II. Standard of Review

This court will only reverse a circuit court's decision on a petition for writ of habeas corpus if it was clearly erroneous. Hobbs v. Gordon, 2014 Ark. 225, at 5, 434 S.W.3d 364, 367. A decision is clearly erroneous when, although there is evidence to support it, this court, after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been made. Id.

III. Nature of the Writ

This court has held that a writ of habeas corpus is proper when a judgment of conviction is invalid on its face or when a circuit court lacks jurisdiction over the cause. Philyaw v. Kelley, 2015 Ark. 465, at 4, 477 S.W.3d 503, 506. Jurisdiction is the power of the court to hear and determine the subject matter in controversy. Baker v. Norris, 369 Ark. 405, 413, 255 S.W.3d 466, 471 (2007). A circuit court has subject-matter jurisdiction to hear and determine cases involving violations of criminal statutes. Collier v. Kelley, 2020 Ark. 77, at 2, 594 S.W.3d 50, 52.

Under our statute, a petitioner for the writ who alleges his actual innocence must demonstrate that he is entitled to scientific testing to prove actual innocence. See Ark. Code...