Jackson v. Norris
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Cite as 2011 Ark. 298
SUPREME COURT OF ARKANSAS
No.
09-458
Opinion Delivered
MICHAEL F. JACKSON
APPELLANT
v.
LARRY NORRIS, DIRECTOR
ARKANSAS DEPARTMENT OF
CORRECTION
APPELLEE
July 27, 2011
PRO SE APPEAL FROM JACKSON
COUNTY CIRCUIT COURT, CV2007-103, HON. HAROLD S. ERWIN,
JUDGE
APPEAL DISMISSED.
PER CURIAM
Appellant Michael F. Jackson, who was incarcerated in the Grimes Unit of the
Arkansas Department of Correction in Jackson County, filed a pro se petition for a writ of
habeas corpus in the Jackson County Circuit Court. The circuit court entered an order
denying the requested relief on March 18, 2009, and appellant lodged an appeal from that
order in this court. After appellant lodged his appeal with this court, he was transferred to the
Randall L. Williams Correctional Facility, which is in Jefferson County. We must dismiss the
appeal as appellant is no longer in custody in Jackson County, and, thus, the Jackson County
Circuit Court can no longer grant the relief requested. Buckhanna v. Hobbs, 2011 Ark. 119
(per curiam).
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
Cite as 2011 Ark. 298
the petition is filed pursuant to Act 1780 of 2001, codified at Arkansas Code Annotated §§
16-112-201 to -208 (Repl. 2006), in which case the petition is properly filed pursuant to
Arkansas Code Annotated § 16-112-201(a) in the court where the judgment of conviction
was entered. Appellant, who is incarcerated by virtue of a judgment of conviction entered in
the Mississippi County Circuit Court, did not invoke Act 1780.
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. Waller v. Norris, 2011 Ark. 168 (per
curiam); Hill v. State, 2010 Ark. 102 (per curiam); 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)).
Even if appellant’s petition had merit and the circuit court erred in dismissing it, appellant
cannot now prevail on appeal. Waller, 2011 Ark. 168. Accordingly, the appeal is dismissed.
Appeal dismissed.
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