State v. Midkiff, 543 S.W.3d 604

Kidd was convicted of two first-degree murders and related charges; ultimately serving two consecutive life terms without parole after post-conviction relief partly vacated additional convictions.
He was incarcerated at Crossroads Correctional Center (DeKalb County) under the custody of the Missouri Department of Corrections.
While temporarily brought to Jackson County on a writ of habeas corpus ad testificandum for a DNA-testing-related hearing, Kidd filed a habeas petition challenging his convictions and named the local detention center Director as respondent.
Jackson County court refused motions to substitute the Crossroads Warden as respondent and to transfer venue to DeKalb County, and allowed the petition to proceed with no named respondent after removing the Director.
The State (Relator) sought a writ of prohibition, arguing the habeas petition must name the custodial warden and be filed in the county where the petitioner is held (DeKalb). The Supreme Court made a preliminary writ permanent.

Issue	Relator's Argument	Defendant's Argument	Held
Proper respondent for habeas corpus petition	Respondent must be the individual who actually restrains custody — the Warden at Crossroads	Director of Jackson County Detention Center (or no named respondent) was sufficient because Kidd was physically in Jackson County when filing	Court: Respondent must be person who can effectuate custody change — Warden at Crossroads is proper respondent
Proper venue for habeas corpus petition	Petition must be filed in the county where petitioner is held in custody by DOC — DeKalb County	Venue in Jackson County valid because Kidd was physically present there on writ ad testificandum when he filed	Court: Venue proper in county of legal custody (DeKalb); Jackson County exceeded authority; transfer required

State v. Kidd, 990 S.W.2d 175 (Mo. App. W.D. 1999) (background on original convictions)
State v. Kidd, 75 S.W.3d 804 (Mo. App. W.D. 2002) (post-conviction relief decision affecting sentences)
Nicholson v. State, 524 S.W.2d 106 (Mo. banc 1975) (custody not limited to physical incarceration for habeas purposes)
State ex rel. Strauser v. Martinez, 416 S.W.3d 798 (Mo. banc 2014) (standards for issuing writs of prohibition)
State ex rel. Norfolk S. Ry. Co. v. Dolan, 512 S.W.3d 41 (Mo. banc 2017) (prohibition to prevent trial court action when personal jurisdiction lacking)
State v. King, 372 S.W.2d 857 (Mo. 1963) (venue for habeas lies where sentence is being served)
United States v. Poole, 531 F.3d 263 (4th Cir. 2008) (federal practice that writ ad testificandum does not change legal custody)