Christopher French v. State of Arkansas
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ARKANSAS SUPREME COURT
No.
NOT DESIGNATED FOR PUBLICATION
CHRISTOPHER FRENCH
Appellant
CR O5-690
Opinion Delivered
March 23, 2006
PRO SE APPEAL FROM THE CIRCUIT COURT
OF LITTLE RIVER COUNTY, CR 2001-4A,
HON. CHARLES A. YEARGAN, JUDGE
v.
STATE OF ARKANSAS
Appellee
APPEAL DISMISSED
PER CURIAM
In 2001, Christopher French entered a plea of guilty to one count of possession of a
controlled substance with intent to deliver, fifty-three grams of cocaine, and one count of delivery
of a controlled substance. French received an enhancement of his sentence for simultaneous
possession of drugs and firearms, and was sentenced to an aggregate term of 384 months’
imprisonment. The judgment and commitment order was entered on October 2, 2001.
On May 9, 2005, French filed a petition for writ of habeas corpus in the trial court. In an
order filed on May 23, 2005, the trial court denied French’s petition. Appellant French, proceeding
pro se, has lodged an appeal in this court from that order.
Any petition for writ of habeas corpus is properly addressed to the circuit court in the county
in which the petitioner is held in custody, unless the petition is filed pursuant to Act 1780 of 2001.1
Arkansas Code Annotated §16-112-105 (1987) requires certain procedural requirements be met
when seeking a court to issue a writ of habeas corpus. The writ must be directed to the person in
whose custody the prisoner is detained. Additionally, the writ should be issued by a court that has
personal jurisdiction over the defendant. Otherwise, although a court may have subject-matter
1
Act 1780 of 2001, codified at Ark. Code Ann. §§ 16-112-201–16-112-207 (Supp. 2003),
provides for the filing of a petition for writ of habeas corpus in the trial court if certain grounds
are raised.
jurisdiction to issue the writ, a writ of habeas corpus cannot be returned to the court issuing the writ;
a court does not have personal jurisdiction to issue and make returnable before itself a writ of habeas
corpus where the petitioner is 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 is in the custody of the Arkansas Department of Correction
at the Wrightsville Unit in Pulaski County. However, appellant filed his petition for writ of habeas
corpus in the Circuit Court of Little River County. As appellant’s petition for writ of habeas corpus
was not filed pursuant to Act 1780, appellant should have filed his petition in the Circuit Court of
Pulaski County. The Circuit Court of Little River County does not have personal jurisdiction over
appellant and cannot release a prisoner who was not in custody within that county. See Mackey v.
Lockhart, 307 Ark. 321, 819 S.W.2d 702 (1991). Therefore, the Circuit Court of Little River County
cannot issue a writ of habeas corpus that would be returnable to the court to effect appellant’s
release and appellant cannot obtain the specific relief he seeks in this matter.
Appeal dismissed.
-2-
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