Stewart v. Payne (Majority)
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David Stewart, an inmate, appealed the denial of his pro se petition for a writ of habeas corpus. He argued that his conviction for two counts of sexual assault violated the prohibition against double jeopardy and that a condition of his incarceration, requiring him to complete the Reduction of Sexual Victimization Program (RSVP), made his sentencing order illegal. Stewart also filed a motion for default judgment, claiming that the respondent failed to respond to his petition.
The Jefferson County Circuit Court found that the sentencing order was not illegal on its face and that Stewart was not entitled to a default judgment on his petition for the writ. The court noted that Stewart was originally charged with one count of rape and one count of sexual assault, indicating distinct impulses involved in each charge of sexual assault. The court also found that the RSVP requirement was often imposed as a condition of parole or suspended imposition of sentence (SIS), not incarceration.
The Supreme Court of Arkansas affirmed the lower court's decision. The court held that Stewart failed to demonstrate that the sentencing order was illegal on its face or that the trial court lacked jurisdiction to convict him of separate counts of second-degree sexual assault. The court also found that Stewart failed to show that the RSVP requirement and the no-contact order were part of his incarceration rather than his suspended sentence. Lastly, the court ruled that the circuit court did not err in denying Stewart's motion for a default judgment, as the Arkansas Rules of Civil Procedure do not apply to a postconviction habeas proceeding.
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