Thomas S. Caffery v. State of Arkansas
Annotate this Case
Download PDF
ARKANSAS SUPREME COURT
No. CR 07824
Opinion Delivered
THOMAS S. CAFFERY
Appellant
January 17, 2008
PRO SE APPEAL FROM THE CIRCUIT
COURT OF SALINE COUNTY, CR
2004369, HON. GARY M. ARNOLD,
JUDGE
v.
STATE OF ARKANSAS
Appellee
AFFIRMED.
PER CURIAM
In 2005, appellant Thomas S. Caffery entered a plea of guilty to seconddegree battery,
tampering with physical evidence, possession of cocaine with intent to deliver and failure to appear.
He was sentenced to an aggregate term of 360 months’ imprisonment. In 2007, appellant filed in the
trial court a pro se petition for writ of error coram nobis. The trial court denied the petition and
appellant has lodged an appeal here from that order.
Where a judgment of conviction was entered on a plea of guilty or nolo contendere, or the
judgment of conviction was not appealed, a petition for writ of error coram nobis is filed directly in
the trial court. Dansby v. State, 343 Ark. 635, 37 S.W.3d 599 (2001) (per curiam). Denial of a writ
of error coram nobis is reviewed by appeal. Magby v. State, 348 Ark. 415, 72 S.W.3d 508 (2002)
(per curiam). The standard of review of the denial of a writ of error coram nobis is whether the trial
court abused its discretion in granting or denying the writ. Cloird v. State, 357 Ark. 446, 182 S.W.3d
477 (2004). An abuse of discretion occurs when the circuit court acts arbitrarily or groundlessly.
Id.
Appellant alleged entitlement to an error coram nobis writ based upon: (1) a coerced guilty
1
plea; (2) the imposition of invalid sentences. Initially, we note that appellant’s guilty plea hearing
transcript was not brought up on appeal, and the testimony from the hearing was not abstracted or
contained in appellant’s addendum. Also, the record does not indicate that appellant filed a writ of
certiorari to supplement the record on appeal to include the transcript of this hearing. We will,
however, not require appellant to seek leave to supplement the record, as it is clear on the record
before us that appellant could not prevail. See 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).
A writ of error coram nobis is an extraordinarily rare remedy, more known for its denial than
its approval. State v. Larimore, 341 Ark. 397, 17 S.W.3d 87 (2000). The writ is allowed only under
compelling circumstances to achieve justice and to address errors of the most fundamental nature.
Pitts v. State, 336 Ark. 580, 986 S.W.2d 407 (1999) (per curiam). Issuance of a writ may be
available to address certain errors that are found in one of four categories: insanity at the time of trial,
a coerced guilty plea, material evidence withheld by the prosecutor or a thirdparty confession to the
crime during the time between conviction and appeal. Pitts, supra.
For the writ to issue, appellant must show a fundamental error of fact extrinsic to the record.
See Larimore v. State, 327 Ark. 271, 938 S.W.2d 818 (1997). A writ of error coram nobis is
appropriate only when an issue was not addressed, or could not have been addressed, at trial because
it was somehow hidden or unknown and would have prevented the rendition of the judgment had it
been known to the trial court. Echols v. State, 360 Ark. 332, 201 S.W.3d 890 (2005); Brown v.
1
It appears that appellant has abandoned on appeal the allegation of false testimony given
by the prosecutor regarding the chain of custody of evidence. Issues raised below but not argued
on appeal are considered abandoned. Jordan v. State, 356 Ark. 248, 147 S.W.3d 691 (2004).
2
State, 330 Ark. 627, 955 S.W.2d 901 (1997).
Although couched in terms of a coerced guilty plea, the gravamen of appellant’s complaint
regarding entry of the guilty plea is that trial counsel rendered ineffective assistance. To support his
ineffective assistance claim, he argues that counsel pressured him to accept a guilty plea so that
counsel could be paid, failed to investigate facts surrounding the charges and failed to present a valid
affirmative defense, thereby causing the affirmative defense to be unknown to the trial court at the
time appellant entered his plea of guilty. As to sentencing, appellant alleges that the sentences
imposed exceeded the presumptive sentences of the charges, causing the sentences to be invalid under
2
Blakely v. Washington, 542 U.S. 296 (2004).
Neither of these allegations of error is subject to review in a coram nobis proceeding. With
respect to the claim that his attorney was ineffective, the claims of ineffective assistance of counsel
could have been raised in a timely petition for postconviction relief pursuant to Criminal Procedure
Rule 37.1. Claims of ineffective assistance of counsel are outside the purview of a coram nobis
proceeding, McArty v. State, 335 Ark. 445, 983 S.W.2d 418 (1998) (per curiam), and a coram nobis
proceeding is not a substitute for proceeding under Rule 37.1. McDonald v. State, 295 Ark. 482, 688
S.W.2d 302 (1985). The issue of sentencing raised by petitioner was a matter which was known to
petitioner at the time the plea was entered and thus could have been settled in the trial court. As a
result, the claims do not constitute grounds on which the writ could issue. See Pitts, supra; Penn v.
2
In Blakely, the defendant was found guilty by a jury of kidnapping. During the
sentencing phase, the trial court additionally found that Blakely acted with deliberate cruelty. The
additional factual findings increased Blakely’s maximum sentence beyond the sentencing range
established by the facts presented to the jury. The United States Supreme Court held that the
state trial court’s sentencing of Blakely in excess of the statutory maximum for the standard range
for his offense violated Blakely’s Sixth Amendment right to trial by jury.
3
State, 282 Ark. 571, 336 Ark. 580, 986 S.W.2d 407 (1999) (citing Troglin v. State, 257 Ark. 644,
519 S.W.2d 740 (1975)).
In a petition for writ of error coram nobis, it is the petitioner’s burden to show that the writ
is warranted. Cloird, supra. Here, appellant has failed to make a showing that the allegations
contained in his petition were meritorious and warranted issuance of a writ of error coram nobis. As
no substantive basis existed for granting the petition, we need not reach the issue of whether appellant
exercised due diligence in proceeding for the writ. The trial court did not abuse its discretion in
denying the writ and its decision is affirmed.
Affirmed.
4
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.