Opinion
CR06-151
Opinion Delivered April 13, 2006
Pro Se Motion for Extension of time to File Appellant's Brief [Circuit Court of Pulaski County, Cr 96-702, Hon. Marion Humphrey, Judge], Appeal Dismissed; Motion Moot.
In 1998, Darrell Key Jackson, who is also known as Darryl Key Jackson, entered a plea of guilty to rape, residential burglary, aggravated robbery, and theft of property. He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment.
In 2005, Jackson, who was incarcerated in Lincoln County, filed a petition for writ of habeas corpus in the trial court in Pulaski County. The petition was denied, and Jackson has lodged an appeal from that order in this court. Now before us is appellant's motion for extension of time to file his brief-in-chief.
As we find that appellant could not be successful on appeal, the appeal is dismissed. The motion is moot. This court has consistently held that an appeal of the denial of postconviction relief, including an appeal from an order that denied a petition for writ of habeas corpus, will not be permitted to go forward where it is clear that the appellant could not prevail. Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999) ( per curiam); Seaton v. State, 324 Ark. 236, 920 S.W.2d 13 (1996) ( per curiam); Harris v. State, 318 Ark. 599, 887 S.W.2d 514 (1994) ( per curiam); Reed v. State, 317 Ark. 286, 878 S.W.2d 376 (1994) ( per curiam)¹ Arkansas Code Annotated § 16-112-105 (1987) requires that the writ be directed to the person in whose custody the petitioner is detained. Additionally, the writ is properly issued by a court that has personal jurisdiction over the petitioner. Otherwise, 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. See, e.g., State Dept. of Public Welfare v. Lipe, 257 Ark. 1015, 521 S.W.2d 526 (1975); Johnson v. McClure, 228 Ark. 1081, 312 S.W.2d 347 (1958); State v. Ballard, 209 Ark. 397, 190 S.W.2d 522 (1945).
In the present matter, appellant was in the custody of the Arkansas Department of Correction in Lincoln County, but he filed the petition for writ of habeas corpus in the court in Pulaski County where he was originally convicted. As the petition was not filed pursuant to Act 1780, the petition should have been addressed to the Circuit Court of Lincoln County inasmuch as the trial court did not have personal jurisdiction over appellant to effect his release from custody. See Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991).
Appeal dismissed; motion moot.