Harvey v. Antrim

160 P.3d 673, 2007 Alas. App. LEXIS 106, 2007 WL 1300723
CourtCourt of Appeals of Alaska
DecidedMay 4, 2007
DocketNo. A-9839
StatusPublished
Cited by2 cases

This text of 160 P.3d 673 (Harvey v. Antrim) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harvey v. Antrim, 160 P.3d 673, 2007 Alas. App. LEXIS 106, 2007 WL 1300723 (Ala. Ct. App. 2007).

Opinion

OPINION

MANNHEIMER, Judge.

Joseph Harvey is currently imprisoned as the result of a eriminal judgement entered against him by the superior court. For the facts of Harvey's underlying criminal case, see this Court's decision in Todd v. State, 884 P.2d 668 (Alaska App.1994).

The Commissioner of Corrections has directed that Harvey serve his sentence in a private prison in Arizona (under contract [674]*674with the Alaska Department of Corrections). The respondent Frank Luna is the warden of that Arizona prison.

Harvey has filed a petition for writ of habeas corpus in the superior court (File Number 3AN-05-7744 Civ). In that petition, Harvey challenges certain procedures involved in his prosecution and sentencing. In addition, Harvey has filed an original application for relief in the appellate courts-an application which he entitled a "Petition for Habeas Corpus Relief From Void Judgments". (Harvey directed this petition to the Alaska Supreme Court, but the Appellate Court Clerk's Office concluded that Harvey's petition was properly addressed to this Court, since Harvey is seeking relief from a criminal conviction. See AS 22.07.020(2).)

Although it is difficult to tell from Harvey's pleadings exactly what his arguments are, it appears that these arguments involve a challenge to Alaska's pre-2005 sentencing statutes (based on the United States Supreme Court's decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004)), as well as a challenge to Alaska's laws governing the appointment of counsel for indigent criminal defendants. These underlying claims have not yet been litigated, because Harvey's appeal has not yet reached the briefing stage.

The issue we address in this opinion arises from the fact that, after Harvey filed his "Petition for ... Relief From Void Judgments", he then filed a separate claim for relief-a pleading which he entitled a "Motion ... to Vacate All Judgments, Orders, and Opinions Issued In This Matter". In this latest pleading-which we are treating as an original application for relief in the nature of mandamus-Harvey contends that the Alaska courts have no authority to entertain any litigation concerning the legality of his restraint, and that we should therefore declare all judicial proceedings up to this point null and void. Harvey argues that the Alaska courts lost all jurisdiction over him when the Commissioner of Corrections transferred him to the prison in Arizona (that is, to a location outside the geographic boundaries of Alaska).

On March 13, 2007, a member of this Court (the author of this opinion) issued a single-judge order rejecting Harvey's argument and concluding that the courts of Alaska have the authority to adjudicate Harvey's habeas corpus claims even though Harvey is physically located in Arizona. Harvey now seeks full-court reconsideration of that single-judge order.

It is clear that, under AS 22.10.020(2) and 020(c), and under AS 22.07.020(2), both the superior court and this Court have subject-matter jurisdiction over Harvey's application for habeas corpus relief. But Harvey argues that no court in Alaska has the requisite personal jurisdiction to entertain his claims for relief-both because he himself is physically located outside the boundaries of Alaska, and because his immediate custodian, Warden Frank Luna, is likewise physically located outside Alaska.

The fact that Harvey is serving his sentence outside the physical boundaries of Alaska does not negate this state's jurisdiction over him. See Hertz v. State, 22 P.3d 895, 900 (Alaska App.2001): "Alaska courts have long recognized that the State retains jurisdiction over inmates transferred to foreign jurisdictions to serve sentences for crimes committed in this state."

However, Harvey relies on decisions of the United States Supreme Court indicating that, in habeas corpus litigation, the crucial element of personal jurisdiction does not refer to the court's jurisdiction over the person whose liberty is sought, but rather to the court's jurisdiction over the custodian whose act of restraint is being challenged. This is because a writ of habeas corpus is a court order directed to the custodian of the person whose restraint is in question-an order commanding the custodian to appear in court and demonstrate that the restraint is lawful. See Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 93 S.Ct. 1123, 35 L.Ed.2d 443 (1973), where the United States Supreme Court held that when a federal district court is adjudicating a petition for writ of habeas corpus, the prisoner's presence within the territorial jurisdiction of the court is not "an invariable prerequisite" to the exercise of the district court's jurisdic[675]*675tion. Id., 410 U.S. at 495-98, 93 S.Ct. at 1130-31. Because "[the writ of habeas corpus does not act upon the prisoner who seeks relief, but upon the person who holds him in what is alleged to be unlawful custody", a federal district court can entertain a habeas corpus petition under 28 U.S.C. § 2241 as long as "the custodian can be reached by service of process." Id., 410 U.S. at 494-95, 93 S.Ct. at 1129-1130.

Although it appears that a court must normally have jurisdiction over the prisoner's custodian, the Alaska Supreme Court has clarified that, at least for purposes of habeas corpus litigation involving criminal matters, the custodian named as the respondent in habeas corpus litigation need not be a person who has immediate physical control of the prisoner. Instead, the respondent can be a person-for instance, the Commissioner of Corrections-who has the authority to order the people who have immediate physical control of the prisoner to produce the prisoner before the court.

The fact that [a habeas corpus] petitioner is outside the State of Alaska [does] not defeat a writ if in fact [the named respondent] does have authority to order the prisoner returned to Alaska. [Because the] petitioner [in this case] is now confined in a Federal Prison at the instance of a State official, ... a writ directed to the State official with directive power to order his return and release by his Federal jailers would {be proper].

Application of House, 352 P.2d 131, 135 (Alaska 1960).

When Harvey filed his petition for writ of habeas corpus in the appellate courts, he named two respondents. One of these respondents was Mark Antrim, the Alaska Commissioner of Corrections. (Since that time, Mr. Antrim has left that post; the current commissioner of corrections is Joseph Schmidt.) The other named respondent was Frank Luna, the warden of the correctional facility in Arizona where Harvey is housed. Under Alaska law, both Antrim and Luna were proper respondents. Luna had direct physical control of Harvey, and Antrim had the authority to direct Luna to release Harvey from confinement in Arizona so that Harvey could be produced to the superior court in Alaska.

Harvey apparently concedes that the courts of Alaska have personal jurisdiction over former Commissioner Antrim and his successor, Commissioner Schmidt.

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Cite This Page — Counsel Stack

Bluebook (online)
160 P.3d 673, 2007 Alas. App. LEXIS 106, 2007 WL 1300723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harvey-v-antrim-alaskactapp-2007.