Joseph M. Willard v. Larry Norris et al.

ARKANSAS SUPREME COURT

No. 05-451

NOT DESIGNATED FOR PUBLICATION

JOSEPH M. WILLARD

Appellant

v.

LARRY NORRIS, ET AL.

Appellee

Opinion Delivered December 8, 2005

PRO SE MOTION FOR RECONSIDERATION OF DISMISSAL OF APPEAL [CIRCUIT COURT OF BOONE COUNTY, CV 2004-367-3 HON. JOHNNY RAY PUTMAN, JUDGE]

MOTION DENIED

PER CURIAM

Joseph M. Willard, also known as Jason Fertello, entered a negotiated plea of nolo contendere to 252 counts of possession of computer child pornography and was sentenced to eighty-four months' imprisonment. Willard subsequently filed a petition for writ of habeas corpus in the trial court, which was dismissed by written order entered on March 4, 2005. Willard appealed from that order, and we dismissed the appeal. Willard v. Norris, 05-451 (Ark. October 20. 2005). Now before us is Willard's motion for reconsideration of the dismissal of appeal.

Currently, appellant is incarcerated in Izard County. Appellant points out that he was incarcerated in Boone County at the time he filed the petition for writ of habeas corpus. Thus, appellant argues that his petition was filed in the correct court. Regardless of where appellant was incarcerated at the time the petition was filed, however, the writ of habeas corpus could not now be issued by Circuit Court of Boone County.

A writ of habeas corpus cannot be issued by a circuit court where the petitioner is not in custody within that court's jurisdiction. Pardue v. State, 338 Ark. 606, 999 S.W.3d 198 (1999) (per curiam) (citing Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991)). Thus, the Circuit Court of Boone County is without jurisdiction to dictate appellant's release because appellant is not currently in custody in that county.

Motion denied.