Williams v. State
2015 Ark. 448
| Ark. | 2015Background
- In 2014 Fred Lee Williams pled guilty in Drew County to being a felon in possession of a firearm and received a 180‑month sentence.
- In 2015 Williams, incarcerated in Lee County, filed a pro se petition for writ of habeas corpus in the Drew County Circuit Court.
- The Drew County court dismissed the petition because Williams was held in a different county and the petition was not filed under Act 1780 (which allows challenges in the conviction county).
- Williams did not invoke Act 1780, so the proper forum was the circuit court in the county where he was held (Lee County).
- Williams appealed the dismissal and also filed a motion to file a belated reply brief.
- The Supreme Court of Arkansas affirmed the dismissal and found the motion to file a belated reply brief moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Drew County had authority to entertain Williams’s habeas petition | Williams filed in Drew County (conviction county); implied that petition should be heard there | State: habeas to obtain release must be filed in county where prisoner is held unless brought under Act 1780 | Petition was filed in wrong county; dismissal affirmed |
| Whether Act 1780 applied to permit filing in conviction county | Williams did not invoke Act 1780 | State: Act 1780 allows proceedings in conviction county only if petitioner proceeds under that Act | Act 1780 did not apply; Drew County lacked authority |
| Whether the trial court had personal jurisdiction to issue the writ | Williams argued Drew County could act on his petition | State argued court lacked personal jurisdiction because petitioner was in another county | Court lacked personal jurisdiction to make writ returnable in Drew County |
| Whether the belated‑reply brief motion should be granted | Williams moved to file a belated reply brief on appeal | State did not oppose on the merits | Motion was rendered moot by affirmance |
Key Cases Cited
- Tyson v. State, 444 S.W.3d 361 (Ark. 2014) (a court must have personal jurisdiction over the custodian to issue a returnable writ of habeas corpus)
- State Dep’t of Pub. Welfare v. Lipe, 521 S.W.2d 526 (Ark. 1975) (a court does not have personal jurisdiction to issue a habeas writ when the prisoner is held in another county)
- Hundley v. Hobbs, 456 S.W.3d 755 (Ark. 2015) (when prisoner is held out of state by agreement, habeas may be prosecuted in Jefferson County where the ADC director’s office is located)