David Earl Martin v. Larry Norris, Director, Arkansas Department of Correction
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ARKANSAS SUPREME COURT
No. 07943
Opinion Delivered
DAVID EARL MARTIN
Appellant
v.
LARRY NORRIS, DIRECTOR,
ARKANSAS DEPARTMENT OF
CORRECTION
Appellee
January 10, 2008
PRO SE MOTION FOR EXTENSION
OF TIME TO FILE BRIEF [CIRCUIT
COURT OF JACKSON COUNTY, CV
20076, HON. HAROLD S. ERWIN,
JUDGE]
APPEAL DISMISSED; MOTION
MOOT.
PER CURIAM
On January 5, 2007, while incarcerated in Jackson County, appellant David Earl Martin filed
in the circuit court in that county a pro se petition for writ of habeas corpus, claiming that he had been
sentenced illegally. The circuit court dismissed the petition, and appellant has lodged an appeal from
that order in this court.
1
Appellant now seeks an extension of time to file his brief. As appellant could not be
successful on appeal, the appeal is dismissed and the motion is moot. An appeal from an order that
denied a petition for postconviction relief will not be permitted to go forward where it is clear that
the appellant could not prevail. Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999) (per curiam);
Seaton v. State, 324 Ark. 236, 920 S.W.2d 13 (1996) (per curiam).
It is clear from the record that appellant was in custody in Jackson County when he filed the
petition for writ of habeas corpus, but has since been transferred to the Cummins Unit in Lincoln
1
After appellant filed the motion, he timely filed the brief. As there is clearly no merit to
the appeal, we nevertheless decline to permit the appeal to go forward.
County. We dismiss the appeal because the Circuit Court of Jackson County can no longer grant the
relief sought by appellant.
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
2
pursuant to Act 1780 of 2001. Lukach v. State, 369 Ark. 475, ___ S.W.3d ___ (2007) (per curiam).
As a corollary to that limitation, a circuit court does not have jurisdiction to release a prisoner not
in custody in that court’s jurisdiction on a writ of habeas corpus. Pardue, supra, citing Mackey v.
Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991). Here, appellant did not invoke Act 1780, and
Jackson County Circuit Court does not have personal jurisdiction to release appellant who is held in
another county. Lukach, supra.
Appeal dismissed; motion moot.
2
Act 1780 of 2001, as amended by Act 2250 of 2005 and codified as Ark. Code Ann. §§
16112201–16112208 (Repl. 2006), provides that a writ of habeas corpus can issue based upon
new scientific evidence proving a person actually innocent of the offense or offenses for which he
or she was convicted.
2
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