PETITION TO REINVEST JURISDICTION IN THE TRIAL COURT TO
CONSIDER A PETITION FOR WRIT OF ERROR CORAM NOBIS [FAULKNER
COUNTY CIRCUIT COURT, NO. 23CR-13-186]
Stanley Ray Hunt II, pro se petitioner.
Rutledge, Atty Gen., by: Joseph Karl Luebke, Asst Atty
Gen., for respondent.
F. WYNNE, Associate Justice
Arkansas Court of Appeals affirmed petitioner Stanley Ray
Hunt IIs convictions for three counts of rape and his
sentence to an aggregate term of 480 months imprisonment.
Hunt v. State, 2015 Ark.App. 53, 454 S.W.3d 771.
Hunt filed a petition in this court in which he requests this
courts permission to proceed in the trial court with a
petition for a writ of error coram nobis to challenge the
convictions. The petition for leave to proceed in the trial
court is necessary because the trial court can entertain a
petition for writ of error coram nobis after a judgment has
been affirmed on appeal only after we grant permission.
Jackson v. State, 2018 Ark. 227, 549 S.W.3d 356.
Hunt does not provide a meritorious basis for issuance of the
writ in his petition, and we deny the petition.
was convicted of raping his niece, who was fourteen years old
when she first reported the abuse to her school principal and
vice-principal. Hunts proposed bases for issuance of the
writ are not completely clear, but Hunts claims appear to
turn on allegations that the prosecution withheld evidence of
specific dates on which the victim stated the rapes occurred.
He alleges these dates were listed on an incident report made
by the school officials to police officers. Hunt also
complains that there are discrepancies in the dates of the
crimes in the information and amended information charging
him, the prosecuting attorneys probable-cause affidavit, a
detectives report, and the school-incident report. He seems
to contend this was trial error and that the prosecution made
false statements because the victim had given specific dates
in the incident report.
further asserts that he was incarcerated during a portion of
the date range given for the rapes and that there were
violations of Brady v. Maryland, 373 U.S. 83, 83
S.Ct. 1194, 10 L.Ed.2d 215 (1963), arising from the
prosecution withholding the school-incident report and
because information about his incarceration in 2007 was
withheld from the jury. Hunt contends that he was prejudiced
as a result, that his attorney aided in the commission of the
Brady violations by stating that no specific date
was alleged when the school-incident report indicated a
specific date range and time for the crimes, and that there
was trial error in the admission of "false"
will reinvest jurisdiction in the trial court to consider
error coram nobis relief only when the proposed attack on the
judgment is meritorious, and in making this determination, we
look to the reasonableness of the allegations in the petition
and to the probability of the truth thereof. Davis v.
State, 2019 Ark. 172, 574 S.W.3d 666. A writ of error
coram nobis is an extraordinarily rare remedy, and coram
nobis proceedings are attended by a strong presumption that
the judgment of conviction is valid. Martin v.
State, 2019 Ark. 167, 574 S.W.3d 661. The function of
the writ is to secure relief from a judgment rendered while
there existed some fact that would have prevented its
rendition if it had been known to the trial court and which,
through no negligence or fault of the defendant, was not
brought forward before rendition of the judgment.
writ is allowed only under compelling circumstances to
achieve justice and to address errors of the most fundamental
nature. Id. A writ of error coram nobis is available
for addressing certain errors that are found in one of four
categories: (1) insanity at the time of trial, (2) a coerced
guilty plea, (3) material evidence withheld by the
prosecutor, or (4) a third-party confession to the crime
during the time between conviction and appeal. Id.
The petitioner has the burden of demonstrating a fundamental
error of fact extrinsic to the record. Id.
claims of trial error do not provide a basis for the writ.
The writ is only ...