Deandra Stephenson v. Dexter Payne, Director, Arkansas Division of Correction
CourtSupreme Court of Arkansas
Date FiledOctober 1, 2026
StatusPublished
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Full Opinion
Cite as 2026 Ark. 120
SUPREME COURT OF ARKANSAS
No. CV-25-607
Opinion Delivered: October 1, 2026
DEANDRA STEPHENSON
APPELLANT PRO SE APPEAL FROM THE LEE
COUNTY CIRCUIT COURT
V. [NO. 39CV-24-144]
HONORABLE DANNY W. GLOVER,
DEXTER PAYNE, DIRECTOR, JUDGE
ARKANSAS DIVISION OF
CORRECTION AFFIRMED.
APPELLEE
RHONDA K. WOOD, Associate Justice
In 2007, a jury convicted DeAndra Stephenson of two counts of capital murder and
one count of a terroristic act and sentenced him to consecutive terms of life imprisonment
and forty-five years, respectively. This court affirmed on direct appeal. Stephenson v. State, 373
Ark. 134, 282 S.W.3d 772 (2008). Stephenson now appeals from the denial of his petition
for writ of habeas corpus. We affirm.
A writ of habeas corpus is proper when a judgment and commitment order is invalid
on its face or when a circuit court lacks jurisdiction over the cause. Finney v. Kelley, 2020 Ark.
145, at 3, 598 S.W.3d 26, 28. A circuit court has subject-matter jurisdiction to hear and
determine cases involving violations of criminal statutes and has personal jurisdiction over
offenses committed within the county over which it presides. Fuller/Akbar v. Payne, 2021
Ark. 155, at 4, 628 S.W.3d 366, 368–69. The circuit court’s inquiry into the validity of the
judgment is limited to the face of the commitment order. Hogan v. Payne, 2023 Ark. 99, at
4, 668 S.W.3d 466, 468.
If a petitioner does not show that on the face of the commitment order there was an
illegal sentence imposed or the claim does not implicate the court’s jurisdiction to hear the
case, then the claim is not cognizable in habeas proceedings. Chatmon v. Payne, 2025 Ark.
19, at 3. We do not go behind the guilty plea to examine evidence of guilt in a habeas
proceeding. White v. Payne, 2023 Ark. 171, at 3, 678 S.W.3d 23, 26. Nor is a habeas
proceeding a substitute or a means to relitigate issues on direct appeal. Hunt v. Payne, 2024
Ark. 126, at 6, 696 S.W.3d 806, 811. We will affirm a circuit court’s decision on a petition
for writ of habeas corpus unless it is clearly erroneous. Burks v. Payne, 2024 Ark. 80, at 2, 687
S.W.3d 798, 800. A decision is clearly erroneous when the appellate court is left with the
definite and firm conviction that there has been a mistake. Id.
Stephenson’s primary argument for habeas relief concerns the trial judge’s
participation in a memorial service for one of the victims. Stephenson raised the issue at trial
in a motion to recuse, and we affirmed the court’s denial of the motion to recuse on direct
appeal. Stephenson, 373 Ark. at 140, 282 S.W.3d at 778. The purpose of claim preclusion is
to end litigation by preventing a party who has already had a fair trial on the matter from
litigating it again. Gulley v. State ex rel. Jegley, 2023 Ark. 70, at 6, 664 S.W.3d 421, 425.
Stephenson’s claim on this issue has been presented, litigated, and denied.
Stephenson also claimed that the circuit court lacked jurisdiction because it failed to
obtain service of process of the “charging order.” But he abandoned this argument on appeal.
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Issues raised below but not argued on appeal are considered abandoned. Cullen v. State, 2023
Ark. 172, at 3, 678 S.W.3d 20, 22. For these reasons, we hold the circuit court’s denial of
habeas relief was not clearly erroneous and affirm.
Affirmed.
Special Justices CORY COX and MARY CAROLE YOUNG join.
WEBB and BRONNI, JJ., not participating.
DeAndra L. Stephenson, pro se appellant.
Tim Griffin, Att’y Gen., by: Jason Michael Johnson, Ass’t Att’y Gen., for appellee.
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