Martinous Moore v. Dexter Payne, Director, Arkansas Division of Correction
CourtSupreme Court of Arkansas
Date FiledNovember 12, 2026
StatusPublished
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Full Opinion
Cite as 2026 Ark. 190
SUPREME COURT OF ARKANSAS
No. CV-26-273
Opinion Delivered: November 12, 2026
MARTINOUS MOORE
APPELLANT PRO SE APPEAL FROM THE
LINCOLN COUNTY CIRCUIT
COURT
V.
[NO. 40CV-25-136]
DEXTER PAYNE, DIRECTOR, HONORABLE JODI RAINES
ARKANSAS DIVISION OF DENNIS, JUDGE
CORRECTION
APPELLEE AFFIRMED.
NICHOLAS J. BRONNI, Associate Justice
Appellant Martinous Moore is a capital murderer. Nearly two decades ago, Moore
was convicted of murdering Brady Alexander. He now seeks a writ of habeas corpus. In
his writ petition, Moore argues that he is entitled to relief because he was not rearraigned
after his criminal information was amended. The circuit court rejected that claim, and we
affirm.
1. In April 2006, Moore and his fellow codefendants, Marques Tavron and
Gavino Mazurek, conspired to rob Alexander. Moore v. State, 372 Ark. 579, 581, 279
S.W.3d 69, 72 (2008). On the night of the murder, Moore, Tavron, and Mazurek lured
Alexander to a Waffle House parking lot in Little Rock, Arkansas, where Moore then shot
and killed Alexander. Id. at 581–82, 279 S.W.3d at 72. Moore was tried and convicted of
capital murder and aggravated robbery, and he was sentenced to concurrent terms of life in
prison without the possibility of parole plus 480 months. Id. at 580, 279 S.W.3d at 71. This
court affirmed both his conviction and his sentence on appeal. See id.
Now, decades later, Moore claims that his conviction violated due process because
he was not rearraigned when his criminal information was amended. He concedes that, in
June 2006, he was properly arraigned and pleaded not guilty to capital murder and
kidnapping. But he argues that he should have been rearraigned in October 2006 when his
criminal information was “materially altered” to include aggravated battery. The circuit
court rejected that claim and denied his petition.
2. Moore’s claims are not cognizable in habeas, and the circuit court rightly
rejected them. To proceed in habeas, a petitioner “must establish probable cause to believe
that he [or she] is detained without lawful authority, is imprisoned when by law he or she
is entitled to bail, or actual innocence.” Farrakhan v. Payne, 2026 Ark. 144, at 1–2 (quoting
Grady v. Payne, 2026 Ark. 124, at 1) (cleaned up). Moore fails to meet that standard. Claims
concerning a lack of arraignment are, at most, trial errors that Moore should have raised on
direct appeal. Noble v. State, 2019 Ark. 284, at 3, 585 S.W.3d 671, 673. Therefore, Moore’s
petition fails.
Affirmed.
Special Justice CORY COX joins.
WEBB, J., not participating.
Martinous Moore, pro se appellant.
Tim Griffin, Att’y Gen.; by: Mallory Wood, Ass’t Att’y Gen., for appellee.
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