Edward Eugene Mayberry, Jr. v. State of Arkansas
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ARKANSAS SUPREME COURT
No.
NOT DESIGNATED FOR PUBLICATION
EDWARD EUGENE MAYBERRY, JR.
Appellant
CR 05-813
Opinion Delivered
May 4, 2006
PRO SE APPEAL FROM THE CIRCUIT
COURT OF HOT SPRING COUNTY,
CR 2000-209-2, HON. PHILLIP H.
SHIRRON, JUDGE
v.
STATE OF ARKANSAS
Appellee
APPEAL DISMISSED
PER CURIAM
In 2002, a jury found appellant Edward Eugene Mayberry, Jr. guilty of aggravated robbery
and kidnapping. Appellant received an aggregate sentence of 240 months’ imprisonment on the
charges. The Arkansas Court of Appeals affirmed the judgment. Mayberry v. State, CACR 01-900
(Ark. App. August 28, 2002). Appellant filed a petition for writ of habeas corpus in Hot Spring
Circuit Court under Ark. Code Ann. § 16-112-101 – 16-112-123 (1987). The circuit court denied
the petition, and appellant now brings this appeal of that order.
Although appellant raises claims of actual innocence in his petition, and, in its brief, the State
discusses Act 1780 of the 2001 Acts of Arkansas, codified as Ark. Code Ann. § 16-112-201–16-112207 (Repl. 2006), appellant has raised no claim under Act 1780 in his petition. The petition does
not reference the Act or request scientific testing. Appellant does request issuance of the writ under
section 16-112-103, and appellant appears to have properly filed his petition in the circuit court of
the county in which he was incarcerated. However, appellant is no longer incarcerated in that
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, 999 S.W.2d 198 (1999) (per
curiam). In this case, the circuit court does not have jurisdiction to release appellant, as he is not
now in custody within the court’s jurisdiction. While appellant may have been in custody in Hot
Spring County at the time the petition for writ of habeas corpus was filed, the filing does not confer
jurisdiction on the circuit court to issue the writ when he is not currently in custody in that county.
We do not reach the merits of appellant’s claims, as even were petitioner successful in an appeal of
the petition, the circuit court could not grant the remedy requested. Accordingly, therefore, we now
dismiss the appeal.
Appeal dismissed.
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