James Green v. Wendy Kelley, Director, Arkansas Department of Correction

2019 Ark. 317

• Court: Supreme Court of Arkansas
• Decided: November 7, 2019
• Status: Published

Opinion

Cite as 2019 Ark. 317 SUPREME COURT OF ARKANSAS No. CV-19-269

Opinion Delivered: November 7, 2019 JAMES GREEN APPELLANT PRO SE APPEAL FROM THE HOT V. SPRING COUNTY CIRCUIT COURT [NO. 30CV-18-112] WENDY KELLEY, DIRECTOR, ARKANSAS DEPARTMENT OF HONORABLE EDDY R. EASLEY, CORRECTION JUDGE APPELLEE DISMISSED.

RHONDA K. WOOD, Associate Justice

James Green appeals the Hot Spring County Circuit Court’s denial of his petition

for writ of habeas corpus. Green challenged two judgments entered in 2008 and 2011 in

the Drew County Circuit Court. Because Green is no longer incarcerated, the circuit court

cannot grant him the relief he requests. See Curtis v. Hobbs, 2015 Ark. 127 (per curiam).

We accordingly dismiss.

The first judgment reflects Green’s guilty pleas to first-degree terroristic threatening,

second-degree sexual assault, and the violation of terms of a suspended imposition of

sentence on an additional count of first-degree terroristic threatening. The second

judgment followed a jury trial at which Green was found guilty of failing to register as a sex

offender and living near a school or daycare as a registered sex offender. The Arkansas

Court of Appeals affirmed that judgment. Green v. State, 2013 Ark. App. 63 (unpublished). When he filed his habeas petition Green was incarcerated in an Arkansas

Department of Correction facility located in Malvern in Hot Springs County. However, he

recently provided this court’s clerk a new mailing address in Drew County, and public

records confirm that he is no longer incarcerated by the Arkansas Department of

Correction. The purpose of a writ of habeas corpus is to remedy a detention of an illegal

period of time. Conley v. Kelley, 2019 Ark. 23, 566 S.W.3d 116. When the petitioner is not

serving a sentence for the charges challenged, the writ is not available for those convictions.

Id. A circuit court no longer has jurisdiction to issue and make returnable before itself a

writ of habeas corpus if the petitioner is no longer incarcerated within its jurisdiction.

Noble v. State, 2018 Ark. 2, 534 S.W.3d 717; Tyson v. State, 2014 Ark. 421, 444 S.W.3d

361.

Dismissed.

James Green, pro se appellant.

Leslie Rutledge, Att’y Gen., by: David L. Eanes Jr., Ass’t Att’y Gen., for appellee.