DELARRON K. WASHINGTON V. WENDY KELLEY, DIRECTOR (Dissenting)

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Cite as 2018 Ark. 41 SUPREME COURT OF ARKANSAS No. CV-17-509 DELARRON K. WASHINGTON APPELLANT V. Opinion Delivered February, 8 2018 PRO SE APPEAL FROM THE JEFFERSON COUNTY CIRCUIT COURT [NO. 35CV-17-165] WENDY KELLEY, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION DISSENTING OPINION. APPELLEE JOSEPHINE LINKER HART, Justice This court has again erroneously dismissed an appeal from the denial of a writ of habeas corpus simply because the Arkansas Department of Correction transferred the inmate to another county. I therefore dissent for the same reason that I stated in Noble v. State, 2018 Ark. 2. The Arkansas Supreme Court has statewide jurisdiction. Moreover, article 7, section 4, of the Arkansas Constitution gives this court full power to issue writs of habeas corpus, as does the Arkansas habeas statute, Arkansas Code Annotated § 16-112-102(a)(1) (Repl. 2016). Accordingly, should this court decide that Mr. Washington’s petition has merit, we have full authority to transfer the case to the circuit court in the county where he is currently incarcerated or even direct the Arkansas Department of Correction to release him. I respectfully dissent.

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