Robert Grady 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. 124
SUPREME COURT OF ARKANSAS
No. CV-25-691
Opinion Delivered: October 1, 2026
ROBERT GRADY
APPELLANT PRO SE APPEAL FROM THE
JEFFERSON COUNTY CIRCUIT
V. COURT
[NO. 35CV-25-788]
DEXTER PAYNE, DIRECTOR, HONORABLE JODI RAINES DENNIS,
ARKANSAS DIVISION OF JUDGE
CORRECTION
APPELLEE AFFIRMED.
NICHOLAS J. BRONNI, Associate Justice
Appellant Robert Grady appeals from the denial and dismissal of his pro se petition
for writ of habeas corpus. We affirm.
In May 1999, Grady shot and killed his wife while she was sleeping. He then called
911 and confessed to the killing before setting his house on fire and attempting to flee the
jurisdiction. At trial, Grady claimed that he suffered from a mental disease, but the jury
rejected that defense. It found him guilty of capital murder and sentenced him to life in
prison. Grady appealed, and this court affirmed both his conviction and his sentence. Grady
v. State, 350 Ark. 160, 85 S.W.3d 531 (2002).
Our habeas jurisdiction is limited. To obtain relief, 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 who has alleged actual innocence of the offense
or offenses for which the person was convicted.” Ark. Code Ann. § 16-112-103(a)(1) (Repl.
2016). Moreover, under our precedents, where a petitioner does not claim actual innocence
relief is only available where the petitioner demonstrates that the underlying “judgment and
commitment order is invalid on its face or” the “trial court lack[ed] jurisdiction.” Anderson
v. Payne, 2024 Ark. 129, at 2; accord Davis v. State, 2025 Ark. 185, at 3, 722 S.W.3d 513, 515
(asking whether a petitioner has demonstrated a defect on “the face of the commitment
order”).
As the circuit court concluded, Grady’s petition does not meet that standard.
Generously construed, Grady’s petition alleges that his trial was tainted by: (1) prosecutorial
misconduct; (2) improper jury instructions; (3) a failure to sequester the jury; (4) a
transcription error; (5) an arbitrarily shortened trial; and (6) ineffective assistance of counsel.
None of those claims are cognizable on habeas review. See Anderson, 2024 Ark. 129, at 3–4.
On the contrary, this court has repeatedly held that trial errors should be raised on direct
review and that claims of ineffective assistance must be raised either on direct review or in a
postconviction petition filed pursuant to Arkansas Rule of Criminal Procedure 37.1. See
Crawford v. Payne, 2023 Ark. 80, at 2. We therefore affirm the circuit court’s dismissal of
Grady’s petition.
Affirmed.
Special Justice CORY COX joins.
WEBB, J., not participating.
Robert Grady, pro se appellant.
2
Tim Griffin, Att’y Gen., by: Mallory Wood, Ass’t Att’y Gen., for appellee.
3