Clarence Ammons v. State of Arkansas
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ARKANSAS SUPREME COURT
No.
CR 07-598
Opinion Delivered
CLARENCE AMMONS
Appellant
September 18, 2008
APPEAL FROM THE CIRCUIT COURT
OF DREW COUNTY, CR 2005-235,
HON. ROBERT BYNUM GIBSON, JR.,
JUDGE
v.
STATE OF ARKANSAS
Appellee
APPEAL DISMISSED.
PER CURIAM
In 2007, appellant Clarence Ammons, a prisoner incarcerated in the Arkansas Department
of Correction, filed in the trial court, under his criminal case number, a pro se petition seeking a writ
of habeas corpus under Arkansas Code Annotated §§ 16-112-101–16-112-123 (Repl. 2006). The
court denied the petition, and appellant lodged an appeal of that order in this court. The matter is
now before us.
We dismiss the appeal because the Drew County Circuit Court does not now have
jurisdiction to grant the relief sought. 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)). 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, 369 Ark. 475, ___ S.W.3d ___
(2007) (per curiam).
Appellant did not invoke or reference Act 1780 in his petition, and did not request scientific
testing. At the time that appellant filed his petition, he appears to have been incarcerated in Chicot
County. Currently, appellant is incarcerated in Lincoln County. As the trial court cannot provide
the requested relief even were appellant successful in his appeal, we must dismiss the appeal and do
not reach the merits of the issues raised by appellant.
Appeal dismissed.
Glaze, J., not participating.
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