Bunch v. State
Bunch v. State
Opinion of the Court
Rodney Bunch petitions this court to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Bunch alleges that the prosecutor withheld evidence in violation of Brady v. Maryland ,
A Pulaski County jury convicted Bunch of four counts of aggravated robbery, three counts of theft of property, and one count of first degree sexual abuse stemming from the robbery of a salon. Bunch was convicted as a habitual offender and sentenced to life imprisonment. On direct appeal, Bunch challenged the trial court's denial of his motion to suppress his confession to the robberies contending it was coerced and involuntary. This court rejected his arguments and affirmed. Bunch v. State ,
Where a writ of error coram nobis is sought after the judgment has been affirmed on appeal, like in this case, the circuit court may entertain the petition only after this court grants permission. In coram nobis proceedings, this court gives a strong presumption that the judgment of conviction is valid. Roberts v. State ,
We allow a writ of error coram nobis only under compelling circumstances to achieve justice and to address errors of the most fundamental nature.
Bunch argues we should issue the writ to reinvest jurisdiction in the circuit court because the prosecution committed a Brady violation. He claims that the State suppressed parts of a recorded, and later transcribed, statement he had provided to investigators. Specifically, he claims that a portion of his transcribed statement was redacted and suppressed by the State, and therefore, it was not presented to the jury. However, as Bunch concedes in his petition, his direct-appeal record contains the CD of the recorded statement. Therefore, Bunch's arguments pertain to matters that are wholly contained within the record and were known to the defense at the time of trial. Because this evidence was not plainly withheld, his allegations do not warrant reinvesting jurisdiction in the circuit court to consider a coram nobis petition. See Roberts ,
Petition denied.
Reference
- Full Case Name
- Rodney BUNCH v. STATE of Arkansas
- Status
- Published