Kenneth White v. State of Arkansas

Annotate this Case
01-395

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

OCTOBER 31, 2002

KENNETH WHITE

Appellant

v.

STATE OF ARKANSAS

Appellee

01-395

APPEAL FROM THE CIRCUIT COURT OF HOWARD COUNTY, CR 76-30, HONORABLE TED C. CAPEHEART, JUDGE

DISMISSED

In 1976, appellant pled guilty to first-degree murder. He was sentenced to life imprisonment in the Arkansas Department of Correction. Appellant's subsequent petition for post-conviction relief pursuant to Arkansas Rule of Criminal Procedure 37 was denied, and we affirmed. White v. State, 277 Ark. 429, 642 S.W.2d 304 (1982). On December 6, 2000, appellant filed in the Howard County Circuit Court a pro se petition for writ of habeas corpus. The circuit court denied the petition, and this appeal ensued.

No basis existed for appellant to file a petition for writ of habeas corpus in the Howard County Circuit Court in 2000. He did not contend in his petition that he was incarcerated in Howard County when he filed it there, and the pleadings reflect that he was in fact incarcerated in the Arkansas Department of Correction, Varner Unit, which is located in Lincoln County. 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, 608, 999 S.W.2d 198, 199 (1999). Accordingly, this appeal is dismissed.

Dismissed.

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