Bell v. Hobbs ( 2014 )

Cite as 2014 Ark. 479
SUPREME COURT OF ARKANSAS
No. CV-14-658
ALBERT BELL Opinion Delivered November 13, 2014
APPELLANT
PRO SE MOTIONS FOR EXTENSION
V. OF TIME TO FILE BRIEF, MOTION
FOR APPOINTMENT OF COUNSEL,
MOTION FOR WRIT OF
RAY HOBBS, DIRECTOR, ARKANSAS CERTIORARI, AND FOR WRIT OF
DEPARTMENT OF CORRECTION MANDAMUS
APPELLEE [JEFFERSON COUNTY CIRCUIT
COURT, NO. 35CV-14-211]
HONORABLE JODI RAINES DENNIS,
JUDGE
APPEAL DISMISSED; MOTIONS
MOOT.
PER CURIAM
On May 21, 2014, appellant Albert Bell filed a pro se petition for writ of habeas corpus
in the Jefferson County Circuit Court, alleging that he was incarcerated in a facility in Jefferson
County. The circuit court dismissed the petition on several grounds, including a lack of personal
jurisdiction due to the transfer of appellant after the filing of the petition to a penitentiary in the
state of Utah. Appellant filed a motion for reconsideration that was denied by the trial court.
His address on the motion reflects that he had been transferred to a facility in Utah. Appellant
has lodged an appeal in this court. Now before us are appellant’s motions for extension of time
to file brief, for appointment of counsel, for writ of certiorari, and for writ of mandamus.
We do not reach the merits of the motions and dismiss the appeal because the Jefferson
County Circuit Court did not have jurisdiction to return a writ of habeas corpus to effect
Cite as 2014 Ark. 479
appellant’s release from custody. See Lukach v. Hobbs, 2014 Ark. 106 (per curiam); see also Chestang
v. Hobbs, 2011 Ark. 404 (per curiam).
Any petition for writ of habeas corpus to effect the release of a prisoner is properly
addressed to the circuit court in the county in which the prisoner is held in custody, unless the
petition is filed pursuant to Act 1780 of 2001. Wilencewicz, 2012 Ark. 230; Davis v. Hobbs, 2012
Ark. 167 (per curiam). Appellant’s petition was not filed under Act 1780, and the public records
of the Arkansas Department of Correction verify the change in location.
A circuit court does not have jurisdiction to issue and make a returnable writ to release
a prisoner not in custody in that court’s jurisdiction. Cromeans v. Hobbs, 2014 Ark. 318 (per
curiam); Lukach, 2014 Ark. 106. When a prisoner who seeks habeas relief is transferred to a
facility in a different county, the circuit court in the county where the prisoner was previously
incarcerated does not have jurisdiction to issue and make a returnable writ. Fields v. State, 2013
Ark. 471 (per curiam); Wilencewicz, 2012 Ark. 230. As the Jefferson County Circuit Court did not
have personal jurisdiction to effect appellant’s release, he could not prevail in this appeal.
Appeal dismissed; motions moot.
Albert Bell, pro se appellant.
No response.
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