Hundley v. Hobbs

2015 Ark. 70 (2015) · Supreme Court of Arkansas · February 26, 2015 · No. CV-14-650

Summary

The Supreme Court of Arkansas held that an Arkansas circuit court had jurisdiction to consider Thernell Hundley’s habeas corpus petition even though he was incarcerated in New Jersey under the Interstate Corrections Compact. The court determined that Ray Hobbs, Director of the Arkansas Department of Correction, remained the relevant custodian for habeas purposes because Arkansas retained jurisdiction and control over Hundley’s incarceration. The dismissal was reversed and the case was remanded.

Holdings

  1. The Jefferson County Circuit Court had jurisdiction to issue a writ of habeas corpus and make it returnable in Jefferson County even though Hundley was physically confined in New Jersey under the Interstate Corrections Compact.

Questions Presented

  1. Whether the Jefferson County Circuit Court had jurisdiction to issue a writ of habeas corpus and make it returnable in Jefferson County when the Arkansas prisoner was physically incarcerated in New Jersey under the Interstate Corrections Compact.
  2. Whether, for purposes of Arkansas's habeas statutes, the Arkansas Department of Correction director was the person in whose custody the prisoner was detained despite the prisoner's physical confinement in another state.

Disposition

reversed_and_remanded

Cases Cited (17)

  • State Dep't of Pub. Welfare v. Lipe, 257 Ark. 1015, 1017, 521 S.W.2d 526, 528 (1975)(followed)
  • Bell v. Hobbs, 2014 Ark. 479 (per curiam)(limited)
  • Barrett v. Belleque, 344 Or. 91, 176 P.3d 1272 (2008)(followed by analogy)
  • Boatwright v. Director, Department of Prisons, 109 Nev. 318, 849 P.2d 274 (1993)(followed by analogy)
  • Miller v. Alabama, Miller v. Alabama, 567 U.S. 460, 132 S. Ct. 2455 (2012)(not decided)
  • Graham v. Florida, Graham v. Florida, 560 U.S. 48, 130 S. Ct. 2011 (2010)(not decided)
  • Cloird v. State, 349 Ark. 33, 76 S.W.3d 813 (2002) (per curiam)(cited)
  • State v. Stapleton, 345 Ark. 500, 51 S.W.3d 862 (2001)(cited)
  • Meraz v. State, 2013 Ark. 419 (per curiam)(cited)
  • Barnett v. Burl, 2011 Ark. 483 (per curiam)(cited)

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Cited In (0)

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