Summary
The Arkansas Supreme Court dismissed Michael Lee Jones, Jr.'s appeal from the denial of his petition for a writ of habeas corpus. The court held that the Crawford County Circuit Court lacked personal jurisdiction because Jones was incarcerated in Hot Spring County when he filed the petition and when it was denied. The court further held that the appellate court consequently lacked jurisdiction over the appeal.
Topics
Practice areas
Questions Presented
- Whether the Crawford County Circuit Court had personal jurisdiction to entertain and issue a writ of habeas corpus for a prisoner physically held in Hot Spring County.
- Whether the Arkansas Supreme Court had jurisdiction over the appeal from the circuit court's denial of the habeas petition.
Holdings
- A habeas petition must ordinarily be addressed to the circuit court in the county where the petitioner is held in custody, unless the petition proceeds under Act 1780 of 2001, as amended. Because Jones was incarcerated in Hot Spring County and did not proceed under Act 1780, the Crawford County Circuit Court lacked personal jurisdiction to issue and make returnable the writ.
- When the circuit court lacks jurisdiction over a habeas petition, the appellate court also lacks jurisdiction over the appeal; accordingly, the appeal was dismissed.
Key quotations
“The appeal is dismissed because appellant was not within the jurisdiction of the Crawford County Circuit Court when he filed the petition or when it was denied.” (2014 Ark. 311)
“A petition for writ of habeas corpus is properly addressed to the circuit court in the county in which the petitioner is held in custody, unless the petition is filed pursuant to Act 1780 of 2001, as amended by Act 2250 of 2005 and codified at Arkansas Code Annotated sections 16-112-201 to -208 (Repl. 2006).” (2014 Ark. 311)
“When the circuit court lacks jurisdiction, the appellate court also lacks jurisdiction.” (2014 Ark. 311)
Factual background
In 2007, Jones pleaded guilty in Crawford County Circuit Court to first-degree murder and received a 300-month prison sentence as a habitual offender, with an additional 300-month term suspended. In 2013, while incarcerated at the Ouachita River Unit in Hot Spring County, he filed a pro se petition for writ of habeas corpus in Crawford County. The petition was not filed under Act 1780, and Jones remained in custody at the Hot Spring County unit when he filed the petition and when it was denied.
Procedural history
Jones, who was incarcerated at the Arkansas Department of Correction's Ouachita River Unit in Hot Spring County, filed a pro se habeas petition in Crawford County Circuit Court. The circuit court denied the petition. The Arkansas Supreme Court dismissed the appeal because the Crawford County Circuit Court lacked personal jurisdiction over a prisoner held in Hot Spring County.