Mathis v. State

Chief Justice TOAL:

Petitioner, Robert L. Mathis (“Petitioner”), challenges his first degree burglary conviction alleging that the circuit court lacked subject matter jurisdiction to convict him. In the alternative, Petitioner argues that the Court of Appeals erred in affirming the circuit court’s dismissal of his petition for writ of habeas corpus.

Factual/Procedural Background

Petitioner was convicted in absentia of first-degree burglary in 1990. After the jury returned with the verdict, the trial judge issued a sealed sentence. In 1995, Petitioner appeared with his attorney to have the…