Supreme Court of Arkansas

Jeffrey Wendell Edwards, Appellant v. Wendy Kelley

September 21, 20172017 Ark. LEXIS 234

Summary

The court affirmed dismissal of Edwards’s habeas petition because his double-jeopardy and lesser-included-offense arguments challenged the convictions rather than demonstrating facial invalidity of the judgment or a jurisdictional defect. It also held that no hearing was required because the petition stated no cognizable habeas claim and that the petition properly counted as a statutory strike. Justice Womack concurred in affirming dismissal but would reverse the strike determination, while Justice Baker, joined by Justice Hart, would likewise reject counting the habeas petition as a strike on constitutional grounds.