Supreme Court of Arkansas, 2018

In re Mack

In re Mack
Supreme Court of Arkansas · Decided December 20, 2018 · Hart
562 S.W.3d 845 (South Western Reporter, Third Series)

Counsel

Dolandon V. Mack, pro se appellant., Leslie Rutledge, Att'y Gen., by: Robert T. James, Ass't Att'y Gen., for appellee., ROBIN F. WYNNE, Associate Justice *846Appellant Dolandon V. Mack filed in the circuit court of the county where he is incarcerated a pro se petition for leave to proceed in forma pauperis in which he sought to proceed with a petition for writ of habeas corpus. The circuit court denied the in forma pauperis petition, and Mack lodged this appeal. We affirm., In the order denying the in forma pauperis petition, the circuit court found that Mack had presented sufficient evidence to establish that he was indigent. The circuit court, in addressing whether Mack had set forth a colorable cause of action, made findings as follows: "The petitioner fails to allege a matter that is cognizable in Jefferson County, Arkansas. No colorable cause of action has been presented." This statement was the full extent of the court's factual findings on the second issue to be addressed under Rule 72(c). However, because it is clear from the record that Mack's action cannot proceed as a matter of law, it is unnecessary for us to remand for further findings. See Ashby v. State , 2017 Ark. 233, 2017 WL 3300478.

In re Mack

Opinion of the Court

Hart, J., dissents.

I dissent. The only issue before this court is the circuit court's denial of Mack's *847in forma pauperis petition. The circuit court denied Mack's in forma pauperis petition pursuant to Rule 72 based upon its holding that, while Mack is indigent, his petition failed to state a colorable cause of action. This court has held that that habeas will lie where the confinement order is illegal on its face or the court that issued the confinement order was without jurisdiction. Smith v. Hobbs , 2015 Ark. 312, 468 S.W.3d 269. The majority suggests that Mack's claim is limited to an assertion of an involuntary plea or improper plea procedures that would not be cognizable in habeas proceedings. The majority misconstrues Mack's argument; Mack's petition argues that his confinement order is illegal on its face because the order fails to comply with Rule 24 of the Arkansas Rules of Criminal Procedure. Insofar as the claim in his petition, which is all the circuit court was permitted to consider in making this determination under Rule 72, and without addressing the merits of the underlying claim, Mack has at least stated a colorable cause of action. Accordingly, I would reverse the circuit court's denial of Mack's in forma pauperis petition.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.