William J. Brown v. State of Arkansas
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ARKANSAS SUPREME COURT
No.
CR 07-309
Opinion Delivered
WILLIAM J. BROWN
Appellant
v.
STATE OF ARKANSAS
Appellee
May 24, 2007
PRO SE MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF
[CIRCUIT COURT OF BENTON
COUNTY, CR 2004-464, HON. TOM J.
KEITH, JUDGE]
APPEAL DISMISSED; MOTION
MOOT.
PER CURIAM
On November 6, 2006, appellant William J. Brown, an inmate incarcerated in the Arkansas
Department of Correction, filed a petition for writ of habeas corpus in the Circuit Court of Benton
County.1 The circuit court denied and dismissed the petition, and appellant has lodged an appeal from
that order in this court.
Appellant now seeks an extension of time to file his brief-in-chief. As it is clear that the
appellant could not be successful on appeal, the appeal is dismissed. The motion is moot. This court
has consistently held that an appeal from the denial of postconviction relief will not be permitted to go
forward where it is clear that the appellant could not prevail. Pardue v. State, 338 Ark. 606, 999
1
Judgment was entered on January 21, 2005, reflecting that appellant had entered a plea of
guilty to the offense of second-degree sexual assault and been placed on five years’ probation. On
July 17, 2006, judgment was entered reflecting that the court had revoked probation and sentenced
appellant to a term of 180 months’ imprisonment.
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).
It is not clear from the record whether appellant was in custody in Benton County when he filed
the petition for writ of habeas corpus, but the record reflects that by the time the court entered its order
he was incarcerated in Lincoln County.2 W e dismiss the appeal because the circuit court could no
longer grant the relief sought by appellant once he was removed from Benton County.
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, unless the petition is filed
pursuant to Act 1780 of 2001. Lukach v. State, ___ Ark. ___, ___ S.W.3d ___ (Apr. 26, 2007) (per
curiam). Appellant did not invoke Act 1780, and while Benton County Circuit Court may have had
personal jurisdiction to issue and make returnable before itself a writ of habeas corpus when the petition
was filed, it did not have personal jurisdiction to release a petitioner who was held in another county.
See Id. A circuit court does not have jurisdiction to release on a writ of habeas corpus a prisoner not
in custody in that court’s jurisdiction. Pardue, supra, citing Mackey v. Lockhart, 307 Ark. 321, 819
S.W.2d 702 (1991).
Appeal dismissed; motion moot.
2
We take notice that the records of the Department of Correction now show that appellant
remains incarcerated in Lincoln County.
-2-
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