Cooper v. Hobbs

Summary

The Arkansas Supreme Court dismissed Gary Dwayne Cooper’s appeal from the denial of his habeas corpus petition and treated his motion for belated appeal as a motion to file a belated brief, rendering it moot. The court held that the Garland County Circuit Court lacked personal jurisdiction because Cooper was incarcerated in Hot Spring County when he filed the petition, and therefore he could not prevail on appeal.

Holdings

1. A state habeas petition must generally be filed in the circuit court of the county where the petitioner is held in custody, and the court must have personal jurisdiction over the petitioner and the custodian; because Cooper was confined in Hot Spring County and did not proceed under Act 1780, the Garland County Circuit Court lacked jurisdiction.
2. An appeal from the denial of postconviction relief, including an appeal concerning a habeas petition, will not be allowed to proceed when it is clear that the appellant cannot prevail; because the circuit court lacked personal jurisdiction, Cooper could not prevail and the appeal was dismissed.

Questions Presented

1. Whether Cooper's appeal from the denial of his habeas petition could proceed when the petition was filed in a county other than the county where he was held in custody.
2. Whether Cooper's motion for a belated appeal should be treated as a motion to file a belated brief and, if so, whether it was moot after dismissal of the appeal.

Disposition

dismissed