SUPREME COURT OF ARKANSAS
No. CR-15-95
Opinion Delivered October 29, 2015
APPEAL FROM THE GRANT
MARCUS EDWARD CLAY COUNTY CIRCUIT COURT
APPELLANT [NOS. 27CR93-5-1; 27CR-93-1;
27CR93-28-1; 27CR93-30-1; 27CR93-
7-1]
V.
HONORABLE CHRIS E WILLIAMS,
JUDGE
STATE OF ARKANSAS
APPELLEE SUPPLEMENTAL OPINION ON
DENIAL OF REHEARING.
JOSEPHINE LINKER HART, Associate Justice
In response to Marcus Edward Clay’s petition for rehearing, the State cites to Clay’s
reply brief and writes that it “agrees with [Clay] that the Court mistakenly stated that he did
not cite any evidence in the record that he continued to suffer any collateral consequences from
his convictions, as he did cite his own testimony that his convictions were causing him current
immigration problems.” (Emphasis added.)
The State is wrong. Clay filed in 2009 an amended petition for writ of error coram
nobis, and at a hearing held on July 1, 2009, Clay testified that because of his felony
convictions, Canada would not allow him to immigrate. Thus, in 2009, Clay arguably suffered
collateral consequences from his felony convictions. His petition was denied by the circuit
court, and no appeal was perfected from the court’s order.
Clay filed a new petition in 2011, which he amended in 2013. At a 2014 hearing on
Cite as
the 2013 petition, Clay did not present any testimony regarding his ability or inability to
immigrate to Canada. Simply put for the State, Clay did not testify at the 2013 hearing that
he currently suffered any collateral consequences, such as the continued inability to immigrate
to Canada. Thus, as we stated in our opinion, Clay “does not cite to evidence in this record
that, at the time of the hearing on his 2013 amended petition, he continued to suffer any
collateral consequences.” (Emphasis added.) Accordingly, the State’s concession of a mistake
of fact in the court’s opinion was unwarranted.
Rehearing denied.
DANIELSON, J., would deny the petition for rehearing without a supplemental opinion.
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