Opinion
No. CR-21-60
05-13-2021
TY-KWAH KHALIFA/MICHAEL MULDROW PETITIONER v. STATE OF ARKANSAS RESPONDENT
Ty-Kwah Khalifa, pro se petitioner. No response.
PRO SE PETITION FOR WRIT OF MANDAMUS
[HEMPSTEAD COUNTY CIRCUIT COURT, NO. 29CR-12-257] PETITION DENIED. COURTNEY RAE HUDSON, Associate Justice
Petitioner Ty-Kwah Khalifa, who is also known as Michael Muldrow, brings this pro se petition for writ of mandamus asking this court to compel the circuit court to conduct a hearing on his petition for writ of habeas corpus filed pursuant to Act 1780 of 2001, codified at Arkansas Code Annotated sections 16-112-201 to -208 (Repl. 2016). Because Khalifa fails to demonstrate entitlement to issuance of the writ, it is denied.
Khalifa pleaded guilty to first-degree murder and was sentenced to 240 months' imprisonment by order entered on August 5, 2013. On August 26, 2020, Khalifa filed a petition for writ of habeas corpus asserting that the State withheld certain evidence held by the Arkansas State Crime Laboratory. Khalifa does not ask for a ruling on his habeas petition but instead asks that the circuit court be compelled to conduct a hearing on it.
The purpose of a writ of mandamus is to enforce an established right or to enforce the performance of a duty. Martz v. Felts, 2019 Ark. 297, 585 S.W.3d 675. A writ of mandamus will not lie to control or review matters of discretion. Id. Issuance of the writ of mandamus is appropriate only when the duty to be compelled is ministerial and not discretionary. Parker v. Crow, 2010 Ark. 371, 368 S.W.3d 902. Mandamus will compel a court to act when it should act, but it will not be used to tell the court how to decide a judicial question. Williams v. Porch, 2018 Ark. 1, 534 S.W.3d 152.
A hearing is not required on a habeas petition—even when the petition alleges an otherwise cognizable ground—when probable cause for the issuance of the writ is not shown by affidavit or other evidence. Jackson v. Kelley, 2020 Ark. 255, 602 S.W.3d 743. Our statutory scheme does not mandate a hearing on a habeas petition regardless of the allegations contained in it. Noble v. State, 2019 Ark. 284, 585 S.W.3d 671. In sum, holding a hearing on a habeas petition is not a ministerial duty but is a discretionary decision with the circuit court based on its analysis of the allegations and evidence presented by the petition.
Petition denied.
Ty-Kwah Khalifa, pro se petitioner.
No response.