Michael Joe McGuire v. Larry Norris, Director, Arkansas Department of Correction

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

May 1, 2003

MICHAEL JOE McGUIRE

Appellant

v.

LARRY NORRIS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION

Appellee

02-1222

PRO SE PETITION FOR REHEARING [CIRCUIT COURT OF JEFFERSON COUNTY, NO. CV 2002-623-2-5, HON. FRED DAVIS, JUDGE]

PETITION DISMISSED

This court dismissed Michael Joe McGuire's appeal from an order that denied a pro se petition for writ of habeas corpus. McGuire v. Norris, 02-1222 (Ark. February 13, 2003) (per curiam). Now before us is appellant McGuire's petition for rehearing.

As grounds for the petition for rehearing, appellant asserts that the appellee did not meet his burden of proving that the Arkansas Department of Correction's copy of the commitment entered in his criminal case was authentic. The burden, however, is on the petitioner in a habeas corpus action to establish that the trial court lacked jurisdiction or that the original commitment issued by the trial court was invalid on its face; otherwise, there is no basis for a finding that awrit of habeas corpus should issue. Birchett v. State, 303 Ark. 220, 795 S.W.2d 53 (1990). 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. Ark. Code Ann. 16-112-103 (1987). See Wallace v. Willock, 301 Ark. 69, 781 S.W.2d 478 (1989). Appellant did not meet his burden of demonstrating in the petition for writ of habeas corpus that the commitment entered in his case was invalid on its face. There is, therefore, no cause to revisit this matter.

Petition dismissed.