Mitchell v. Kelley (Per Curiam)Annotate this Case
Appellant was convicted of first-degree murder. The Supreme Court affirmed on appeal. Appellant filed a petition for postconviction relief under Ark. R. Crim. P. 37.1, which was denied. The Supreme Court dismissed Appellant’s appeal. Appellant then filed a pro se petition for writ of habeas corpus, alleging that the judgment was facially invalid because the attorney representing him at trial and on appeal was ineffective and that the judgment was invalid because he was actually innocent. The circuit court denied the petition, concluding that all of Appellant’s claims were grounded in ineffective assistance of counsel and were therefore not cognizable in habeas proceedings. The Supreme Court affirmed, holding that none of Appellant’s claims, whether based on ineffective assistance or on his actual innocence, were cognizable for the writ.