Tucker v. Hobbs (Per Curiam)
Annotate this CaseAppellant, an inmate of the Arkansas Department of Correction, was found guilty of capital murder in the stabbing death of a fellow inmate. Appellant filed a pro se petition for writ of habeas corpus, arguing that the trial court made several errors in its rulings on defense motions during voir dire and during trial and that his counsel provided ineffective assistance. The circuit court dismissed the petition, noting that the action counted as a “strike” pursuant to Ark. Code Ann. 16-68-607. The Supreme Court affirmed, holding (1) Appellant did not show that the court failed to address any issue cognizable in a habeas proceeding; (2) Appellant’s claims of trial error and ineffective assistance of counsel were not within the purview of a habeas proceeding; and (3) inasmuch as Appellant’s petition for writ of habeas corpus failed to state a claim on which relief was merited, the circuit court did not err in declaring that the petition constituted a strike under the statute.
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