George Arthur Bunn v. Larry Norris, Director, Arkansas Department of Correction
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ARKANSAS SUPREME COURT
No.
06-1420
Opinion Delivered
GEORGE ARTHUR BUNN
Appellant
v.
LARRY NORRIS, DIRECTOR,
ARKANSAS DEPARTMENT OF
CORRECTION
Appellee
May 24, 2007
PRO SE APPEAL FROM THE CIRCUIT
COURT OF HOT SPRING COUNTY,
CV 2006-166, HON. PHILLIP H.
SHIRRON, JUDGE
APPEAL DISMISSED.
PER CURIAM
On June 30, 2005, appellant George Arthur Bunn, an inmate incarcerated in the Arkansas
Department of Correction, filed a petition for writ of habeas corpus in Hot Spring County Circuit Court.
The circuit court dismissed the petition, and appellant brings an appeal of that order in this court. We
dismiss the appeal because the circuit court can no longer grant the relief requested by appellant.
At some point after his petition was filed, appellant was transferred and is no longer incarcerated
in Hot Spring County. The address provided on his brief is in Lincoln County, and we take notice that
the records of the Department of Correction now show that appellant is incarcerated in Lincoln County.
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. Lukach v. State, ___ Ark. ___, ___ S.W.3d ___ (Apr. 26, 2007) (per
curiam). Appellant did not invoke Act 1780, and at the time the petition was filed, appellant did appear
to be incarcerated in Hot Spring County.
While Hot Spring County Circuit Court may have had personal jurisdiction to issue and make
returnable before itself a writ of habeas corpus when the petition was filed, it does not have jurisdiction
to release a petitioner who is now held in another county. See Id. A circuit court does not have
jurisdiction to release on a writ of habeas corpus a prisoner not in custody in that court’s jurisdiction.
Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999) (per curiam) (citing Mackey v. Lockhart, 307
Ark. 321, 819 S.W.2d 702 (1991)). As the circuit court cannot provide the requested relief, we must
dismiss the appeal and do not reach the merits of the issues raised by appellant.
Appeal dismissed.
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