Neely v. McCastlain

Summary

The Supreme Court of Arkansas affirmed summary judgment against Larry Neely in his action challenging the constitutionality of the statute underlying his convictions and seeking habeas corpus relief. The court held that Neely, who was on probation, was not in custody for purposes of post-conviction relief or habeas corpus, and that his declaratory-judgment claims presented no justiciable controversy. The court also affirmed on the habeas claim despite the circuit court's reliance on constructive custody.

Holdings

1. Because Neely was on probation and therefore not in custody, he was not entitled to post-conviction relief under Arkansas Rule of Criminal Procedure 37; the circuit court properly granted summary judgment on the declaratory-judgment claim.
2. A person serving probation is not in custody for purposes of habeas corpus, and the circuit court lacks jurisdiction to grant habeas relief to a prisoner not in custody within its jurisdiction.
3. Summary judgment was proper because the parties agreed that no facts were disputed and the State was entitled to judgment as a matter of law.

Questions Presented

1. Whether Neely could obtain declaratory relief challenging the constitutionality of the statute under which he was convicted.
2. Whether Neely was in custody, including constructive custody, for purposes of state habeas corpus jurisdiction while serving probation supervised in New Mexico.
3. Whether summary judgment was proper when the parties agreed that no material facts were disputed.

Disposition

affirmed