Additionally, the writ should be issued by a court that has personal jurisdiction over the defendant. Tyson v. State, 2014 Ark. 421, at ¶2, 444 S.W.3d 361, 363 (per curiam). Otherwise, although a 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 when the petitioner is in another county. See, e.g., State Dep't of Pub. Welfare v. Pipe, 257 Ark. 1015, 521 S.W.2d 526 (1975).
For a prisoner who is incarcerated in Arkansas, a petition for habeas corpus filed in any county where the prisoner is not incarcerated must be dismissed for lack of jurisdiction. See Tyson v. State, 2014 Ark. 421, at p. 2, 444 S.W.3d 361, 363 (2014). Accordingly, the Circuit Court of Crawford County lacked jurisdiction to consider Gamon's habeas corpus petition because Gamon was incarcerated in Izard County, Arkansas.
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.
Any petition for writ of habeas corpus to effect the release of a prisoner is properly addressed to the circuit court in the county in which the prisoner is held in custody if the prisoner is incarcerated within the State of Arkansas. See Tyson v. State , 2014 Ark. 421, at 2, 444 S.W.3d 361, 363 (per curiam). However, if the petition for the writ is filed pursuant to Act 1780 of 2001 Acts of Arkansas, codified at Arkansas Code Annotated sections 16–112–201 to –208 (Repl.
We have held that, in order for a circuit court to issue and make returnable a writ of habeas corpus to effect the prisoner's release, the circuit court must have personal jurisdiction over the custodian with immediate physical custody of the prisoner. See, e.g.,Tyson v. State, 2014 Ark. 421, 444 S.W.3d 361 (per curiam); Lukach v. Hobbs, 2014 Ark. 106, 2014 WL 890900 (per curiam); Wilencewicz v. Hobbs, 2012 Ark. 230, 2012 WL 1877415 (per curiam). This is true unless the petition is filed pursuant to Act 1780 of 2001, in which case the petition is properly filed in the court in which the conviction was entered.