Fredrick Schmon Walker v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 05-815

NOT DESIGNATED FOR PUBLICATION

FREDRICK SCHMON WALKER

Appellant

v.

STATE OF ARKANSAS

Appellee,

Opinion Delivered October 27, 2005

PRO SE MOTION FOR TRIAL TRANSCRIPT AND MOTION FOR EXTENSION OF TIME TO FILE BRIEF [CIRCUIT COURT OF PULASKI COUNTY, CR 1995-1909, HON. BARRY SIMS, JUDGE]

APPEAL DISMISSED; MOTIONS MOOT

PER CURIAM

Fredrick Schmon Walker pled guilty to first-degree murder and was sentenced to life imprisonment. Walker subsequently filed in the trial court a petition for postconviction relief pursuant to Criminal Procedure Rule 37.1, which was denied. Walker appealed that order and this court affirmed. Walker v. State, CR 99-133 (Ark. June 14, 2001).

Walker then filed a petition for writ of habeas corpus in the Circuit Court of Pulaski County. The trial court denied that petition by written order entered on May 13, 2005. Walker appeals from that order. Now before us are two motions filed by appellant.

We need not consider the motions as it is apparent that appellant could not prevail in this appeal if it were permitted to go forward because he failed to demonstrate a ground for the writ. Accordingly, the appeal is dismissed. The motions are 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 goforward 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).

Appellant was an inmate in the Arkansas Department of Correction housed in Jefferson County when he filed his petition. Writs of habeas corpus, other than petitions filed pursuant to Act 1780 of 2001, must be filed in the county where the petitioner is being held in custody. Appellant's petition was not filed under Act 1780 of 2001, and therefore it should have been addressed to the Circuit Court of Jefferson County. See Pardue v. State, 338 Ark. 606, 999 S.W.2d 198 (1999) (per curiam); Mackey v. Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991).

Appeal dismissed; motions moot.