Waddle v. SargentWaddle v. Sargent
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- Before:
- Corbin
Lead Opinion
Petitioner filed a petition for a writ of habeas corpus in Lincoln County, the county where he is currently being held in prison. The circuit court of that county denied the petition. Petitioner appeals. The primary
On July 8, 1988, the petitioner was charged in the Circuit Court of Faulkner County with the rape and capital murder of Eunice Collins and was additionally charged with arson for setting the victim’s house on fire to conceal the evidence. The information alleged that the crimes took place in Faulkner County, and the case was assigned Faulkner County Circuit Court Number CR-88-152. Faulkner County is a part of the 20th Judicial District. Judge Rogers, elected, qualified, and acting Circuit-Chancery Judge of the 11th Judicial District, was assigned by the Chief Justice as the judge to hear petitioner’s case after the elected, qualified, and acting Circuit Judge for the 20th Judicial District, Francis T. Donovan, disqualified from the case. See
Appellant’s first point on appeal is that the trial court lacked jurisdiction to try his case. A plea of guilty is the accused’s trial. Padilla v. State, 279 Ark. 100, 648 S.W.2d 797 (1983). Article 2, Section 10 of the Constitution of Arkansas provides in pertinent part:
In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by impartial jury of the county in which the crime shall have been committed; provided that the venue may be changed to any other county of the judicial district in which the indictment is found, upon the application of the accused, in such manner as now is, or may be, prescribed by law[.] [Emphasis added].
Article 7, Section 13 of the Arkansas Constitution provides that a circuit judge “shall reside in and be a conservator of the peace within the circuit for which he shall have been elected.” (Emphasis added). In accordance with these provisions of our constitution,
The trial court in the habeas corpus proceeding now on appeal concluded that petitioner waived venue when he pled guilty in Arkansas County. Certainly venue may be waived in a criminal case within the territorial boundaries of the judicial district, Renfro v. State, 264 Ark. 601, 573 S.W.2d 53 (1978), but this is not a matter of venue within the territorial boundaries of the judicial district. This case involves the jurisdiction of a court acting outside the territorial boundaries of the judicial district. We have held that an extraterritorial order by a circuit judge in a criminal case is
Petitioner’s second point on appeal is that the judgment of conviction and order of commitment is invalid because it was signed by a judge, Judge McNeil, without authority to do so. The judgment of conviction and order of commitment authorize the Department of Correction to hold petitioner. A writ of habeas corpus is issued in a criminal case such as this only when the prisoner is being detained without lawful authority.
This assignment includes all ancillary proceedings which may arise in connection with said cause and proceedings subsequent thereto shall be held at such time or times as shall be directed and ordered by Judge Rogers.
We have held that the inclusion of this provision in an order of assignment deprives any other judge of authority to act in any proceeding related to the case. Hobson v. Cummings, 259 Ark. 717, 536 S.W.2d 132 (1976). As a result, only Judge Rogers could execute a valid judgment of conviction and order of commitment for petitioner. Judge McNeil was without the authority to execute a valid judgment of conviction and order of commitment in the Circuit Court of Faulkner County. Therefore, the judgment of conviction and order of commitment are facially invalid. On the facts set out to this point, it would seem clear that the petitioner is being held without lawful authority, and the writ of habeas corpus must be issued. However, an additional procedural problem must be addressed before a decision can be reached. The problem is occasioned by the below set out facts.
On November 9,1989, petitioner filed in the Circuit Court of Faulkner County a petition for post-conviction relief, under both
On October 22,1991, petitioner filed this petition for a writ of habeas corpus in the circuit court of the county where
Since the petition for the writ is not procedurally barred, and since the petitioner has shown the facial invalidity of the order of commitment signed by Judge McNeil, the writ of habeas corpus must be issued. However, that does not mean that the petitioner must be set free. Rather, the writ may be issued upon such order “as may be proper.”
Writ of habeas corpus issued as specified.
Hays and Glaze, JJ., dissent.
Dissenting Opinion
dissenting. I would first address the matter of “territorial jurisdiction” discussed in the majority opinion. Generally, territorial jurisdiction refers to a court’s authority to hear only cases that have some relationship to the geographical boundaries of that court’s jurisdiction. See Restatement (Second) of Judgments § 4 (1982). Lack of territorial jurisdiction will undisputedly void the judgment. That situation is clearly distinguishable from the one we have here where the court has proper jurisdiction in the above respect, but the trial itself is simply held in some other physical location. Under the latter circumstances, the judgment is not reviewed under that jurisdictional analysis. See Lasky v. Quinlan, 406 F. Supp. 265 (D.C.S.D.N.Y. 1976) So for example, this case is distinguishable from Sexon v. Municipal Court of Springdale, 312 Ark. 261, 852 S.W.2d 308 (1993) and Auditor v. Davis, 2 Ark. 494 (1840), cited by the majority,
When this distinction is made, it is clear that the statutes and constitutional provisions the majority relies on refer only to limiting territorial jurisdiction, and not to the physical location of the trial itself. The language of those provisions simply does not dictate the physical location of a proceeding.1
The majority also relies on Williams v. Reutzel, 60 Ark. 155, 29 S.W.2d 374 (1895) (which does address only the physical location of trial) for the proposition that where the court otherwise has jurisdiction, but the case is not heard in the established geographic place for that court, that judgment is void. That explanation of Reutzel is only partly correct. In that case the voters had specifically refused to change the county seat from Greenwood to Fort Smith. The orders being challenged in that case were from the court holding forth in Fort Smith. We found the orders void but acknowledged that this was a deviation from the general rule that such judgments could not be attacked collaterally:
It has, however, been held that the judgment of a court having jurisdiction of the person of the defendant and of the subject matter of the suit will not be held void, in a collateral proceeding, upon proof being made that it was rendered at a place other than the established seat of justice of the county, “when it is shown that all the houses at the latter place had, before rendition of the judgment had been destroyed by fire and that the court had accepted as a temporary seat of justice, the place at which the judgment was rendered.” It was so held because the county court in that case whose duty it was to provide a place for the holding of courts, had secured and set apart for that purpose the house in which the court was held and having done so in the exercise of its jurisdiction. [Our emphasis.]
Reutzel at 159.
Reutzel was distinguished from this general rule on the basis that the electorate had clearly denied Fort Smith as the county seat and the court being held there was contrary to law.
Our cases have consistently recognized the propriety of an alternative place to holding court, where the court otherwise has jurisdiction, see Warren v. State, 241 Ark. 264, 407 S.W.2d 724 (1966); Mell v. State, 133 Ark. 197, 202 S.W. 33 (1918); Hudspeth v. State, 55 Ark. 323, 18 S.W. 183 (1892); and Lee v. State, 56 Ark. 4, 19 S.W. 16 (1892). For example, in Warren v. State, supra, the defendant challenged the jurisdiction of the circuit court because of where it was heard. The electorate had voted to change the county seat to Ash Flat because of consolidation of two districts and the county seat was no longer at Hardy or Evening Shade. However, at the time of the defendant’s trial, the move had still not been made to Ash Flat. The court acknowledged the recognized exception to the place of holding court, and held the trial was conducted by the court with proper jurisdiction.
This approach is in keeping with federal law. FRCP 77(b) provides:
(b) Trials and Hearings; Orders in Chambers. All trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the district-, but no hearing, other than one ex parte, shall be conducted outside the district without the consent of all parties affected thereby. [Our emphasis.]
And see Lasky v. Quinlan, supra.
Our own
The majority also relies on Red Bud Realty Co. v. South, 145 Ark. 604, 224 S.W.2d 964 (1920). In that case the matter was heard by the appropriate judge, but at a location outside the judicial district. We found that that hearing was authorized by statute, but the authorization was limited to regular judges, and the judge in that case was a special judge. However that case is immediately distinguishable because that matter was heard on direct appeal and here it is being collaterally attacked. In any case, the opinion clearly limited the prohibitions of the special judge’s action to rendering the decree and did not otherwise invalidate the proceedings. The case was remanded to the jurisdictionally correct court, “for further proceedings as if no appeal had been taken.”
Under Arkansas law then under a collateral proceeding, there is no problem in moving the place of holding court, if the court otherwise has jurisdiction, and the move is not in contradiction of an express law to the contrary. Reutzel. Here, by the parties consent, the court (and judge) which otherwise had jurisdiction of the case, heard the case outside the district, and it is only now being attacked collaterally. There being no express law to the contrary the judgment should stand. Reutzel, supra.
The other problem in this case is the signing of the judgment by a judge who clearly did not have any jurisdiction to hear the case. The majority relies on Hobson v. Cummings, 259 Ark. 717, 546 S.W.2d 132 (1976), for holding that only the special judge could sign the judgment. That is not what the case says. It merely provides that after the regular judge had disqualified and a special judge appointed, the regular judge no longer had authority to sign any orders.
The majority also claims that “the record does not reflect any color of authority whatsoever for Judge McNeil to act as a circuit judge.” While that may be true, such a signing does not void or invalidate the judgment, nor has the majority cited any authority. To the contrary, all the authority I have found indicates the signing of the judgment is not a jurisdictional matter and, hence, not subject to a collateral attack. See 46 Am. Jur. 2d Judgments § 68 (1969); Voyles v. Voyles, 311 Ark. 186, 842 S.W.2d 21 (1992); Standridge v. State, 290 Ark. 150, 717 S.W.2d 796 (1986). Nor have I found any authority in Arkansas requiring a signature of the judge. In fact, the only authority touching on the subject, Ark. R. Cr. P. 36.4, requires pronouncement, but no signature. And see Shipmore v. State, 261 Ark. 559, 550 S.W.2d 454 (1977) which suggests that a signature is not a jurisdictional requirement.
Glaze, J., joins.Notes
And see Gibbons v. Bradley, 239 Ark. 816, 394 S.W.2d 489 (1965) for a fuller explanation of the companion statute to