Fields v. State
2013 Ark. 471
Ark.2013Background
- Marcus W. Fields, pro se, filed a habeas corpus petition in Lee County Circuit Court on February 19, 2013; the court dismissed the petition.
- Fields did not file a timely notice of appeal; he moved for leave to pursue a belated appeal and asked the Court to issue a writ of certiorari to complete the record.
- The petition was not filed under Act 1780 (the statutory inmate-postconviction procedure), and official records show Fields was later incarcerated in a Lincoln County facility.
- The Lee County Circuit Court no longer had personal jurisdiction over Fields because he was not in custody in Lee County when relief was sought.
- The Supreme Court of Arkansas dismissed the motion for belated appeal and found the motion to complete the record moot because the Lee County court could not grant the requested relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a belated appeal should be allowed | Fields sought leave to proceed with a belated appeal of the habeas denial | State argued relief is improper because Fields could not obtain the requested relief from the Lee County court | Motion for belated appeal dismissed because circuit court cannot grant the relief sought |
| Whether the record should be completed via writ of certiorari | Fields requested issuance of certiorari to complete the record | State implicitly opposed because completion would not change the court’s inability to grant release | Motion to complete the record is moot |
| Whether the filing county had jurisdiction to grant habeas relief after inmate transfer | Fields maintained his petition was properly before Lee County Circuit Court | State pointed to Fields’s transfer to Lincoln County and lack of personal jurisdiction in Lee County | Court held Lee County lacked personal jurisdiction over Fields once he was no longer in custody there |
| Whether appeal can proceed when appellant cannot prevail on habeas relief | Fields pursued appeal despite custodian change | State relied on precedent dismissing appeals that cannot result in relief | Court reaffirmed that appeals will not go forward when appellant could not prevail |
Key Cases Cited
- Davis v. Hobbs, 2013 Ark. 378 (per curiam) (appeal dismissed where court can no longer grant habeas relief)
- Wilencewicz v. Hobbs, 2012 Ark. 230 (per curiam) (personal jurisdiction requirement for habeas writs where inmate transferred)
- Fudge v. Hobbs, 2012 Ark. 80 (per curiam) (appeal not permitted when appellant cannot prevail)
- Borum v. State, 2011 Ark. 415 (per curiam) (Act 1780 procedure and requirements for habeas petitions)
- Chestang v. Hobbs, 2011 Ark. 404 (per curiam) (circuit court lacks jurisdiction to release prisoner not in its custody)
- Buckhanna v. Hobbs, 2011 Ark. 119 (per curiam) (same principle regarding custody and habeas jurisdiction)