Keith Aaron Buchheit v. Larry Norris, Director

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

APRIL 18, 2002

KEITH AARON BUCHHEIT

APPELLANT

v.

LARRY NORRIS, DIRECTOR

APPELLEE

01-915

PETITION FOR REHEARING

(COURT OF JEFFERSON COUNTY,

NO. CIV-2000-643-3)

DENIED

On March 14, 2002, we affirmed the circuit court's order denying appellant's habeas corpus petition. Buchheit v. Norris, 01-915 (Ark. March 14, 2002). In response to our decision, appellant has filed a petition for rehearing. We find that appellant has failed to demonstrate any error of law or fact with our prior holding; thus, his petition is denied.

Rule 2-3 (g) of the Rules of the Arkansas Supreme Court provides that rehearing lies only for the purpose of calling attention to specific errors of law or fact which the opinion is thought to contain. Appellant argues that we ignored his argument that the "face of the judgment" rule is not supported by Ark. Code Ann. § 16-112-103(a) and that we ignored case law set forth in Meny v. State, 340 Ark. 418, 13 S.W.3d 143 (2000) and Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991). We disagree with appellant's assessment of our decision.

The opinion clearly reflects our recognition of appellant's argument and our resolution of the appeal was strictly limited to the face of the judgment. Because our review in habeas corpusis limited to the face of the judgment, arguments raised by appellant that went beyond that review could have been raised under Rule 37 as we footnoted in our decision. Therefore, appellant's claim that we ignored his argument is misplaced. Appellant's petition for rehearing does not call attention to any specific errors of law or fact, thus his petition for rehearing is denied.

Denied.