Anthony Reed v. W. Straughn, Warden, Arkansas Department of Correction

2020 Ark. 52

• Court: Supreme Court of Arkansas
• Decided: February 6, 2020
• Status: Published

Opinion

Digitally signed by Susan P. Williams Reason: I attest to the accuracy and Cite as 2020 Ark. 52 integrity of this document SUPREME COURT OF ARKANSAS Date: No. CV-19-639 2020-12-14 15:46:50

Opinion Delivered February 6, 2020 ANTHONY REED APPELLANT PRO SE APPEAL FROM THE V. JEFFERSON COUNTY CIRCUIT COURT [NO. 35CV-19-37] W. STRAUGHN, WARDEN, ARKANSAS DEPARTMENT OF HONORABLE JODI RAINES DENNIS, CORRECTION JUDGE APPELLEE APPEAL DISMISSED.

JOHN DAN KEMP, Chief Justice

Appellant Anthony Reed appeals the circuit court’s denial of his pro se petition for

writ of habeas corpus filed pursuant to Arkansas Code Annotated sections 16-112-101 to -

123 (Repl. 2016). Reed, who was incarcerated in Jefferson County when he filed his

petition, lodged an appeal from its denial, and submitted his brief-in-chief, was later

transferred to another prison facility and is currently incarcerated in Lincoln County.

Reed was found guilty in a jury trial of aggravated robbery, theft of property, felon

in possession of a firearm, and two counts of second-degree battery. As a habitual offender,

he was sentenced to an aggregate term of 900 months’ imprisonment. The Arkansas Court

of Appeals affirmed the convictions and sentences. Reed v. State, CACR 01-707 (Ark. App.

Feb. 27, 2002) (unpublished).

Any petition for writ of habeas corpus to effect the release of a prisoner is properly

addressed to the circuit court in which the prisoner is held in custody, unless the petition is

filed pursuant to Act 1780. See Ark. Code Ann. §§ 16-112-201 to -208 (Repl. 2016). Although a circuit court may have subject-matter jurisdiction to issue the writ, a court does

not have personal jurisdiction to issue and make returnable before itself a writ of habeas

corpus to release a petitioner held in another county. Perry v. State, 2018 Ark. 14, 535

S.W.3d 264; see Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991). Arkansas Code

Annotated section 16-112-105 (Repl. 2016) requires that the writ be directed to the person

in whose custody the petitioner is detained. Id. Accordingly, although Reed was

incarcerated in Jefferson County when he filed the habeas petition and proceeded with this

pending appeal, a writ of habeas corpus issued by the Jefferson County Circuit Court could

not be returned because he is no longer within its jurisdiction.

Appeal dismissed.

HART, J., dissents.

JOSEPHINE LINKER HART, Justice, dissenting. I dissent for the reasons stated in

Ramirez v. Kelley, 2019 Ark. 406, 591 S.W.3d 314 (Hart, J., dissenting). If habeas corpus

proceedings can be disposed of so easily as moving the prisoner to a facility in another

county, then the “great writ” has no teeth. “This court should not condone, much less

become an active participant in, such a shell game.” Id. at 3 (citing Noble v. State, 2018 Ark.

2, at 3, 534 S.W.3d 717, 718 (Hart, J., dissenting)).

Anthony L. Reed, pro se appellant.

Leslie Rutledge, Att’y Gen., by: Adam Jackson, Ass’t Att’y Gen., for appellee.