Robert Sherman Robinson v. Larry Norris, Director, Arkansas Department of Correction
Annotate this Case
Download PDF
ARKANSAS SUPREME COURT
No. 07982
Opinion Delivered
ROBERT SHERMAN ROBINSON
Appellant
v.
LARRY NORRIS, DIRECTOR,
ARKANSAS DEPARTMENT OF
CORRECTION
Appellee
January 10, 2008
PRO SE MOTION FOR EXTENSION
OF TIME TO FILE BRIEF [CIRCUIT
COURT OF LINCOLN COUNTY, LCV
200742, HON. ROBERT H. WYATT,
JR., JUDGE]
APPEAL DISMISSED; MOTION
MOOT.
PER CURIAM
Robert Sherman Robinson, appellant herein, is an inmate in the custody of the Arkansas
Department of Correction (ADC). He filed a pro se petition for declaratory judgment against the
ADC director seeking a determination that his 1990 convictions for aggravated robbery and theft of
property in Pulaski County Circuit Court violated the constitutional protections against double
1
jeopardy. The trial court dismissed the petition without a hearing, and appellant has lodged an
appeal here from the order.
2
Appellant now seeks an extension of time to file his brief. As appellant could not be
successful on appeal, the appeal is dismissed and the motion is moot. An appeal from an order that
1
In that case, appellant was also convicted of theft by receiving, firstdegree assault and
being a felon in possession of a firearm, but those charges are not at issue here. On appeal, we
affirmed the convictions for all charges. Robinson v. State, 303 Ark. 351, 797 S.W.2d 425
(1990).
2
After appellant filed the motion, he timely filed the brief. As there is clearly no merit to
the appeal, we nevertheless decline to permit the appeal to go forward.
denied a petition for postconviction relief or other civil remedy will not be permitted to go forward
where it is clear that the appellant could not prevail. Pardue v. State, 338 Ark. 606, 999 S.W.2d 198
(1999) (per curiam); Seaton v. State, 324 Ark. 236, 920 S.W.2d 13 (1996) (per curiam).
We find that appellant’s declaratory judgment action was properly dismissed for the reasons
stated herein. This court has long enumerated the four prerequisites that must be present in order for
a declaratory judgment to be issued. In Andres v. First Arkansas Development Finance Corp., 230
Ark. 594, 324 S.W.2d 97 (1959), we quoted W. Anderson, ACTIONS
FOR
DECLARATORY
JUDGMENTS, § 187 (2d ed.1951):
(1) There must exist a justiciable controversy; that is to say, a controversy in which a claim
of right is asserted against one who has an interest in contesting it; (2) the controversy must
be between persons whose interests are adverse; (3) the party seeking declaratory relief must
have a legal interest in the controversy; in other words, a legally protectable interest; and (4)
the issue involved in the controversy must be ripe for judicial determination.
Andres, 230 Ark. at 606607, 324 S.W.2d at 104105. A declaratory judgment action is not a
substitute for ordinary causes of action, and is intended to supplement, rather than supersede, those
causes of action. City of Fort Smith v. Didicom Towers, Inc., 362 Ark. 469, 209 S.W.3d 344 (2005);
Martin v. Equitable Life Assur. Soc. of the U.S., 344 Ark. 177, 40 S.W.3d 733 (2001). Moreover,
such an action is not a proper means of trying a case or various issues involved in it on a piecemeal
basis. Boyett v. Boyett, 269 Ark. 36, 598 S.W.2d 86 (1980).
Within this framework, appellant had no basis to obtain a declaratory judgment related to his
doublejeopardy claim. The gravamen of appellant’s complaint was that he was convicted twice for
the same conduct related to the aggravated robbery and theft of property charges.
This issue has been fully addressed in appellant’s direct appeal. Robinson, supra. Our court
has held that a greater offense and its lesserincluded offenses are considered the same for purposes
2
of double jeopardy. See e.g. Standridge v. State, 357 Ark. 105, 161 S.W.3d 815 (2004) (citing
Hughes v. State, 347 Ark. 696, 703, 66 S.W.3d 645, 648 (2002)). Therefore, in making a
determination that a theftofproperty charge was not a lesserincluded offense to a charge of
aggravated robbery, appellant was not subjected to double jeopardy.
It is apparent that the only purpose for bringing a declaratory judgment action was as an
attempt to supersede our prior decision on appeal and create a substitute for the criminal trial in
circuit court. Neither of these ends present a proper basis for issuance of a declaratory judgment.
City of Ft. Smith, supra.
Appeal dismissed; motion moot.
3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.