Opinion
04-515
Opinion delivered June 2, 2004
MOTIONS — MOTION TO EXPEDITE — GRANTED. — Where on May 12, 2004, petitioner filed a petition for a writ of certiorari and a motion for release of the respondent juvenile, as well as a motion to expedite consideration of the matter, and on the same day, respondent's emergency petition for habeas corpus was denied below, and respondent filed an appeal of the denial of the petition for habeas corpus on May 14, 2004, the supreme court elected to hear the matter of these two extraordinary writs concurrently and accordingly granted the motion to expedite consideration.
Motion to Expedite granted; Petitions for Writ of Certiorari and Habeas Corpus to be considered simultaneously.
Gray Turner and Richard Dahlgren, for petitioner.
Gina H. Reynolds, for respondent Allen Mainard.
Mike Beebe, Att'y Gen., by: Karen Virginia Wallace, Ass't Att'y Gen., for respondent Linda Collier.
Respondent Allen Mainard is a juvenile currently in the custody of the Arkansas Department of Human Services, Division of Youth Services ("DYS"). Mainard was remanded to the custody of DYS after being found in criminal contempt by the Honorable Judge Linda Collier on April 29, 2004. Mainard was placed in the custody of DYS on May 5, 2004. The Arkansas Department of Human Services ("DHS") filed a motion for reconsideration of the order remanding Mainard to DYS with Judge Collier who denied the motion on May 10, 2004. An emergency petition for habeas corpus was filed that same day by Mainard.
On May 12, 2004, DHS filed a petition for a writ of certiorari and a motion for release of Mainard, as well as a motion to expedite consideration of the matter. On the same day, the emergency petition for habeas corpus was denied below. Mainard filed an appeal of the denial of the petition for habeas corpus on May 14, 2004.
[1] We elect to hear the matter of these two extraordinary writs concurrently and accordingly grant the motion to expedite consideration.