{
  "id": 1159671,
  "name": "James Ken ANDERSON v. STATE of Arkansas",
  "name_abbreviation": "Anderson v. State",
  "decision_date": "2003-02-13",
  "docket_number": "CR 02-1175",
  "first_page": "36",
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  "last_updated": "2023-07-14T21:39:04.439665+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Imbbr, J., not participating."
    ],
    "parties": [
      "James Ken ANDERSON v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nIn 1992, James Ken Anderson entered a plea m. guilty to murder in the second degree and was sentenced to eleven years\u2019 imprisonment. On July 23, 2001, Anderson filed a pro se petition for writ of error coram nobis in the trial court. He later amended the petition to allege that he was entitled to a writ of habeas corpus on the ground that he was actually innocent of the offense. The petition was denied after a hearing, and petitioner Anderson has appealed to this court. Now before us are a series of motions filed by appellant.\nThe appeal is dismissed as it is clear that the appellant could not prevail on appeal. The motions are moot. This court has consistently held that an appeal of the denial of postconviction relief will not be permitted to go forward where it is clear that the appellant could not prevail. Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999); Seaton v. State, 324 Ark. 236, 920 S.W.2d 13 (1996); Harris v. State, 318 Ark. 599, 887 S.W.2d 514 (1994); Reed v. State, 317 Ark. 286, 878 S.W.2d 376 (1994); see Chambers v. State, 304 Ark. 663, 803 S.W.2d 932 (1991); Johnson v. State, 303 Ark. 560, 798 S.W.2d 108 (1990); Williams v. State, 293 Ark. 73, 732 S.W.2d 456 (1987).\nIt was adduced at the hearing on appellant\u2019s petition that he was released from custody in 1997, having completed his sentence. (He was subsequently convicted in Miller County of second-degree murder and sentenced to a term of forty years\u2019 imprisonment.) Thus, when appellant filed his petition in 2001 challenging the 1992 conviction, he was not in custody as a result of that judgment of conviction even though that judgment was used to enhance the later sentence. When a court finds cause to grant a writ of error coram nobis, the remedy is a new trial. Penn v. State, 282 Ark. 571, 670 S.W.2d 426 (1984). Inasmuch as appellant had already served the sentence imposed, his petition is moot and a new trial would not have been an appropriate remedy even if there were cause to grant the writ with respect to his 1992 conviction.\nLikewise, appellant\u2019s request that a writ of habeas corpus be issued on the basis that he was actually innocent of the offense of which he was convicted in 1992 was also moot. As stated, appellant was not incarcerated as a result of the 1992 judgment; therefore, a writ of habeas corpus could not be issued to obtain his release from custody arising from that judgment. An issue is moot when any judgment rendered would have no practical legal effect upon an existing legal controversy. Bohanan v. State, 336 Ark. 367, 985 S.W.2d 708 (1999).\nAppeal dismissed; motions moot.\nImbbr, J., not participating.\nThe eleven-year sentence was considered completed in 1997 as a result of the accumulation by appellant of credits against the sentence such as \u201cgood time.\u201d",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Appellant, pro se.",
      "No response."
    ],
    "corrections": "",
    "head_matter": "James Ken ANDERSON v. STATE of Arkansas\nCR 02-1175\n98 S.W.3d 403\nSupreme Court of Arkansas\nOpinion delivered February 13, 2003\nAppellant, pro se.\nNo response."
  },
  "file_name": "0036-01",
  "first_page_order": 58,
  "last_page_order": 60
}