William Greg Smith v. State of Arkansas
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ARKANSAS SUPREME COURT
No. CR
08-85
Opinion Delivered
WILLIAM GREG SMITH
Petitioner
v.
STATE OF ARKANSAS
Respondent
February 28, 2007
PRO SE PETITION FOR WRIT OF
MANDAMUS AND CERTIORARI
[CIRCUIT COURT OF GARLAND
COUNTY, CR 2004-270, HON. JOHN
H. WRIGHT, JUDGE]
PETITION DENIED.
PER CURIAM
A jury found petitioner William Greg Smith guilty of engaging children in sexually explicit
conduct for use in visual or print medium and sentenced him to 240 months’ imprisonment in the
Arkansas Department of Correction. This court affirmed the judgment. Smith v. State, 363 Ark. 456,
215 S.W.3d 626 (2005). Petitioner filed in the trial court a pro se petition for postconviction relief
under Ark. R. Crim. P. 37.1 that was denied. This court dismissed petitioner’s appeal of that order.
Smith v. State, 367 Ark. 611, ___ S.W.3d ___ (2006) (per curiam).
In 2007, petitioner filed in the trial court a petition for writ of habeas corpus and, on a later
date, a petition for declaratory judgment. Both petitions were denied. Petitioner did not appeal those
orders. He now brings in this court a petition for writ of mandamus and, either additionally or
alternatively, certiorari. Petitioner alleges that the trialcourt committed a number of errors concerning
his petitions and he requests this court review his petition for habeas corpus relief and direct the trial
court to “process” his petition for declaratory judgment.
Petitioner contends that the State did not respond to his petitions for writ of habeas corpus
and declaratory judgment and asserts that this failure should have prevented the trial court from
considering his petitions. Petitioner appears to mistakenly believe that the State’s failure to respond
somehow prevented him from bringing an appeal of the trial court’s orders denying the two petitions.
He cites no authority for, and does not explain, that position, merely contending that the petitions
were therefore “unripe” for appellate review. We will not consider an argument without authority.
See Rikard v. State, 354 Ark. 345, 123 S.W.3d 114 (2003).
The purpose of a writ of mandamus is to enforce an established right or to enforce the
performance of a duty. Manila School Dist. No. 15 v. Wagner, 357 Ark. 20, 159 S.W.3d 285 (2004).
It is issued by this court only to compel an officer or judge to take some action. Arkansas Democrat
Gazette v. Zimmerman, 341 Ark. 771, 20 S.W.3d 301 (2000). A petitioner must show a clear and
certain right to the relief sought and the absence of any other adequate remedy when requesting a writ
of mandamus. Id. at 777, 20 S.W.3d at 304.
Extraordinary relief, such as mandamus, is not a substitute for an appeal. Dean v. Williams,
339 Ark. 439, 6 S.W.3d 89 (1999). Nor can a petitioner use the writ to challenge his conviction by
requesting this court to issue the writ directly. This court has refused to issue a writ of mandamus
where the petitioner had the adequate remedy of raising an issue on appeal. Johnson v. Hargrove,
362 Ark. 649, 210 S.W.3d 79 (2005)(quoting Hanley v. Arkansas Claims Comm’n, 333 Ark. 159,
164, 970 S.W.2d 198, 200 (1998)). An extraordinary writ is not available to a petitioner to challenge
a conviction in substitute for appeal. See Gran v. Hale, 294 Ark. 563, 745 S.W.2d 129 (1988).
Here, petitioner would have this court directly review his petition for habeas relief and order
the trial court to provide relief on his petition for declaratory judgment. He reiterates the same
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arguments made in his petitions in the trial court in support of our granting mandamus. We will not
consider those arguments as it is clear that petitioner could have brought an appeal of the trial court’s
orders denying relief, and chose not to do so. He seeks in this court the same relief that would be
sought in an appeal. There was an adequate remedy available to petitioner without resort to
mandamus.
As to petitioner’s request for certiorari, our standard of review includes two requirements that
must be satisfied in order for this court to grant a writ of certiorari. HelenaWest Helena Sch. Dist.
# 2 of Phillips County v. Circuit Court of Phillips County, ___ Ark. ___, ___ S.W.3d ___ (Mar. 15,
2007). The first requirement is that there can be no other adequate remedy but for the writ of
certiorari. Second, a writ of certiorari lies only where (1) it is apparent on the face of the record that
there has been a plain, manifest, clear, and gross abuse of discretion, or (2) there is a lack of
jurisdiction, an act in excess of jurisdiction on the face of the record, or the proceedings are erroneous
on the face of the record. Id.
Here, appellant had the remedy of an appeal. We have no need for the record to be brought
up through a writ of certiorari because we will not review the circuit court’s denial of petitioner’s
petition for declaratory judgment. To the extent that petitioner may be requesting a belated appeal
of that decision, we note that no notice of appeal appears in the partial record before us. If a
petitioner fails to timely file notice of appeal, a belated appeal in accordance with Ark. R. App. P.
Crim. 2(e) will not be allowed absent a showing by the petitioner of good cause for the failure to
comply with proper procedure. Garner v. State, 293 Ark. 309, 737 S.W.2d 637 (1987) (per curiam).
As previously noted in regard to his allegations concerning the absence of a response by the State,
petitioner has stated no good cause for that failure.
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Petitioner has not shown a basis for relief either through a writ of mandamus or certiorari.
As a result, we deny the petition.
Petition denied.
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