Higgins v. Simes
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ARKANSAS SUPREME COURT
No.
CR 09-464
Opinion Delivered
BRIAN D. HIGGINS
Petitioner
v.
HON. L.T. SIMES, II,
CIRCUIT JUDGE
Respondent
June 4, 2009
PRO SE PETITION FOR WRIT OF
MANDAMUS [CIRCUIT COURT OF
ST. FRANCIS COUNTY, CR 94-104,
CR 92-273]
PETITION DENIED
PER CURIAM
On May 1, 2009, petitioner Brian H. Higgins filed the instant pro se petition for writ of
mandamus that concerns a petition to correct sentence pursuant to Arkansas Code Annotated §16-90111 (Supp. 2003) filed by petitioner in 2005 in the Circuit Court of St. Francis County, a part of the
First Judicial Circuit. Petitioner asserts that the petition to correct sentence was assigned to Judge
Harvey Yates and that Judge Yates held a hearing on it and granted the petition, but no order was
ever entered reflecting the ruling. He now seeks a writ to compel the Honorable L. T. Simes, Circuit
Judge, to order a transcript of the hearing to “confirm the order” or hold a second hearing on the
petition and release him from custody.
Judge Simes responded to the mandamus petition, noting that Judge Yates retired from the
bench on December 31, 2008, and averring that petitioner’s case has not been assigned to his court.
As the petition is not assigned to him, he asks that this court deny the petition inasmuch as he is not
the proper respondent.1
It is the responsibility of the petitioner to name the correct respondent in a mandamus action.
As Judge Simes has informed this court that the petition to correct sentence was not assigned to his
court, the petition for writ of mandamus is denied.
Petition denied.
1
Petitioner tendered a response to the response filed by Judge Simes in which he contends that
Judge Simes is the only circuit judge assigned to the court in which his petition to correct sentence was
filed. There are, however, four other judges sitting in the First Judicial Circuit.
-2-
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