Jones v. Kelley
2016 Ark. 381
| Ark. | 2016Background
- Bernard Jones, incarcerated in Arkansas, filed a pro se petition for writ of habeas corpus in Lincoln County Circuit Court on or about August 30, 2015.
- By letter dated November 8, 2015, Jones informed the Lincoln County court he had been relocated to a facility in Texarkana (Miller County).
- On February 5, 2016, the Lincoln County Circuit Court dismissed Jones’s habeas petition without prejudice because he had been relocated to a work program in Miller County.
- Jones filed a timely notice of appeal on February 19, 2016; the record was lodged in the Supreme Court on May 2, 2016.
- Jones repeatedly tendered noncompliant and late briefs; he filed a motion to file a belated brief on July 28, 2016, which is the motion now before the Court.
- The Supreme Court concluded Jones could not obtain the relief sought because the petitioning court lacked jurisdiction after his transfer and therefore dismissed the appeal and deemed the motion moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court that received the habeas petition in Lincoln County retained jurisdiction to grant relief after Jones was transferred to Miller County | Jones sought appellate review of the Lincoln County denial and sought to proceed with his appeal | The State/Respondent argued the Lincoln County court lacked jurisdiction after Jones’s transfer and thus cannot grant the requested relief | Court held Lincoln County lacked jurisdiction once Jones was transferred; appeal cannot succeed and is dismissed |
| Whether Jones should be allowed to file a belated, corrected appellate brief despite noncompliance and lateness | Jones moved for leave to file a belated brief to continue his appeal | The procedural posture and lack of available relief meant the appeal could not prevail; thus the motion was unnecessary | Court held the motion to file a belated brief is moot because the appeal was dismissed |
Key Cases Cited
- Williams v. State, 476 S.W.3d 154 (Ark. 2015) (habeas petitions seeking release must be filed in the circuit court of the county where the prisoner is held)