Clark v. Kelley (Majority)
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The Supreme Court dismissed Defendant's appeal of the circuit court's dismissal of his petition to correct an illegal sentence, holding that the appeal must be dismissed because the petition was filed in the circuit court presiding over the county of Defendant's incarceration, rather than the court of conviction.
Defendant was convicted by a Pulaski County jury of rape. Defendant was incarcerated at the Pine Bluff Unit of the Arkansas Department of Correction in Jefferson County when he filed a petition to correct an illegal sentence in the Jefferson County Circuit Court. The Supreme Court dismissed the appeal for lack of jurisdiction, holding that the Jefferson County Circuit Court lacked jurisdiction to consider the petition.
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