Robert Sherman Robinson v. State of Arkansas
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ARKANSAS SUPREME COURT
No. CR 90140
NOT DESIGNATED FOR PUBLICATION
ROBERT SHERMAN ROBINSON
Petitioner
v.
STATE OF ARKANSAS
Respondent
Opinion Delivered
March 9, 2006
PRO SE PETITION TO REINVEST JURISDICTION
IN THE TRIAL COURT TO CONSIDER A
PETITION FOR WRIT OF ERROR CORAM NOBIS
[CIRCUIT COURT OF PULASKI COUNTY, CR 89
2109]
PETITION DENIED
PER CURIAM
In 1990, Robert Sherman Robinson was found guiltyof aggravated robbery, theft of property,
and theft by receiving. An aggregate term of 155 years’ imprisonment was imposed. We affirmed.
Robinson v. State, 303 Ark. 351, 797 S.W.2d 425 (1990).
Robinson subsequently filed a petition for postconviction relief in the trial court that was
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denied. We affirmed the order. Robinson v. State, CR 97403 (Ark. May 28, 1998) (per curiam).
On February 9, 2006, Robinson, proceeding pro se, filed the instant petition in this court
asking that jurisdiction be reinvested in the trial court to consider a petition for writ of error coram
nobis. The petition for leave to proceed in the trial court was necessary because the circuit court can
entertain a petition for writ of error coram nobis after a judgment has been affirmed on appeal only
after we grant permission. Dansby v. State, 343 Ark. 635, 37 S.W.3d 599 (2001) (per curiam).
A writ of error coram nobis is an extraordinarily rare remedy, more known for its denial than
its approval. Larimore v. State, 341 Ark. 397, 17 S.W.3d 87 (2000). The writ is allowed only under
compelling circumstances to achieve justice and to address errors of the most fundamental nature.
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When petitioner was convicted in 1990, this state’s postconviction remedy was encompassed
in Criminal Procedure Rule 36.4. Rule 36.4 was later abolished and Criminal Procedure Rule 37
was reinstated in a revised form on January 1, 1991, as our postconviction remedy. In the Matter
of the Reinstatement of Rule 37 of the Arkansas Rules of Criminal Procedure, 303 Ark. Appx.
746, 797 S.W.2d 458 (1990) (per curiam).
Pitts v. State, 336 Ark. 580, 986 S.W.2d 407 (1999) (per curiam). We have held that a writ of error
coram nobis was available to address certain fundamental errors that are found in one of four
categories: insanity at the time of trial, a coerced guilty plea, material evidence withheld by the
prosecutor, or a thirdparty confession to the crime during the time between conviction and appeal.
Pitts, supra, citing Penn v. State, 282 Ark. 571, 670 S.W.2d 426 (1984). After reviewing the instant
petition, we do not find that petitioner has stated good cause to grant leave to proceed with a petition
for writ of error coram nobis in the trial court. Accordingly, the petition is denied.
The sole ground for relief advanced by petitioner is the claim that he was denied effective
assistance of counsel at trial and in the postconviction proceeding in his case. With respect to the
claim as it relates to trial counsel, it is well settled that claims of ineffective assistance of trial counsel
are outside the purview of a coram nobis proceeding. McArty v. State, 335 Ark. 445, 983 S.W.2d
418 (1998) (per curiam). Any allegations pertaining to the representation afforded by counsel at trial
should have been raised by petitioner in his Rule 36.4 petition for postconviction relief.
Petitioner’s assertion that the attorney who represented him in his postconviction proceeding
was ineffective is also not cognizable in a coram nobis proceeding. Moreover, even if a coram nobis
proceeding were the proper forum to address a claim of ineffective assistance of counsel, there is no
right to counsel in a postconviction proceeding and thus no right to effective assistance of counsel
in such a proceeding. See Pennsylvania v. Finley, 481 U.S. 551 (1987); see also Dyer v. State, 258
Ark. 494, 527 S.W.2d 622 (1975).
Petition denied.
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