Roosevelt Abernathy 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. 189
SUPREME COURT OF ARKANSAS
No. CV-26-80
Opinion Delivered: November 12, 2026
ROOSEVELT ABERNATHY
APPELLANT PRO SE APPEAL FROM THE
LINCOLN COUNTY CIRCUIT
COURT
V.
[NO. 40CV-40-116]
DEXTER PAYNE, DIRECTOR, HONORABLE JODI RAINES
ARKANSAS DIVISION OF DENNIS, JUDGE
CORRECTION
APPELLEE AFFIRMED.
CODY HILAND, Associate Justice
In June 1982, a Pulaski County jury found appellant Roosevelt Abernathy guilty of
capital murder and first-degree battery after he broke into a home, shot Janice Martin three
times, causing her to lose an eye, and shot and killed Terri Sue Bradley. Abernathy was
sentenced to life imprisonment without the possibility of parole, and this court affirmed.
Abernathy v. State, 278 Ark. 250, 644 S.W.2d 590 (1983). On September 20, 2024,
Abernathy filed a pro se petition for writ of habeas corpus under Arkansas Code Annotated
section 16-112-101 (Repl. 2016) in the county where he is incarcerated.
In his petition, Abernathy alleged that (1) his convictions were invalid because the
State failed to prove burglary as the underlying felony supporting his capital-murder
conviction; (2) he was incompetent to represent himself and was subjected to cruel and
unusual punishment; and (3) he was denied a fundamentally fair proceeding under Arkansas
Rule of Criminal Procedure 37.1 in which the trial court could have reviewed his
mandatory life sentence. The circuit court denied habeas relief, finding that Abernathy had
failed to demonstrate that the trial court lacked jurisdiction or that he was being illegally
detained. We affirm.
The circuit court’s ruling in a habeas proceeding will be upheld unless it is clearly
erroneous. Ross v. Payne, 2026 Ark. 153, at 2 (citing Davis v. State, 2025 Ark. 185, at 2,
722 S.W.3d 513, 515). A decision is clearly erroneous when, after reviewing all the
evidence, the appellate court is left with the firm conviction that a mistake has been made.
Id.
A petitioner who does not allege actual innocence pursuant to Act 1780 of 2001
must plead either that the judgment is facially invalid or that the circuit court lacked
jurisdiction and must demonstrate, by affidavit or other evidence, probable cause to believe
that he or she is being illegally detained. Id. A habeas proceeding does not require an
extensive review of the trial record; rather, the circuit court’s inquiry into the validity of
the judgment is limited to the face of the commitment order. Id. Unless the petitioner
establishes that the circuit court lacked jurisdiction or that the commitment order is invalid
on its face, habeas relief is not warranted. Id. A circuit court has subject-matter jurisdiction
to hear and determine questions involving violations of criminal statutes and personal
jurisdiction over offenders who have committed said violations within the county over
which it presides. Ross, 2026 Ark. 153, at 2 (citing Crockett v. Payne, 2026 Ark. 62, at 2–3).
Abernathy was convicted of capital murder for Bradley’s death, with burglary—not
battery—as the underlying felony. His argument to the contrary conflates his two
convictions: he was separately convicted of first-degree battery for the injuries Martin
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sustained. As this court has previously held, a sentence of life imprisonment without parole
is permissible for capital murder. See generally Abernathy v. State, 2011 Ark. 335, at 3. The
Pulaski County Circuit Court had subject-matter jurisdiction over the felony criminal
proceeding, and Abernathy failed to establish either a jurisdictional defect or a facially invalid
commitment order. Ross, 2026 Ark. 153, at 3 (“Circuit courts in Arkansas have subject-
matter jurisdiction to hear and decide cases involving violations of Arkansas criminal statutes,
and personal jurisdiction over offenders who have committed said violations within the
county over which it presides.”); id. (“We have repeatedly . . . made clear that one is held
without lawful authority and thus entitled to a writ of habeas corpus when it is shown that
the commitment order is invalid on its face or the circuit court lacked jurisdiction.”).
Abernathy also argues that his sentence constitutes cruel and unusual punishment.
This claim does not implicate the circuit court’s jurisdiction and is thus not cognizable in a
habeas proceeding. Gibbs v. Payne, 2023 Ark. 29, at 3, 660 S.W.3d 579, 582. In the habeas
context, a sentence is illegal if it exceeds the statutory maximum. Abernathy’s sentence of
life imprisonment without parole, however, is permissible for a capital-murder conviction.
Abernathy, 2011 Ark. 335, at 3.
Finally, Abernathy contends that the conditions of his incarceration have deprived
him of a fundamentally fair postconviction proceeding under Rule 37.1. The conditions
under which an inmate serves his sentence are outside the purview of a habeas proceeding.
Mosley v. Hobbs, 2013 Ark. 142, at 4 (per curiam). Such claims do not implicate the circuit
court’s jurisdiction or the facial validity of the commitment order. Id. Abernathy further
argues that his mandatory life sentence should be reconsidered based on his understanding
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that the Supreme Court of the United States has prohibited mandatory life sentences for
offenders who were twenty-one years old or younger at the time of their offenses. This
court has addressed the application of Miller v. Alabama, 567 U.S. 460 (2012), in numerous
cases. We have held that a sentence of life imprisonment without parole for a capital murder
committed by an adult is not facially illegal, and the Supreme Court has not extended Miller
to offenders who were eighteen or older when they committed their crimes. And neither
have we. Freeman v. State, 2026 Ark. 121, at 4.
Accordingly, the circuit court did not clearly err in determining that Abernathy failed
to establish probable cause to believe that he was being illegally detained.
Affirmed.
Special Justice CORY COX joins.
HUDSON, J., concurs.
WEBB, J., not participating.
Roosevelt Abernathy, pro se appellant.
Tim Griffin, Att’y Gen.; by: Walter K. Hawkins, Ass’t Att’y Gen., for appellee.
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