Pardue v. State
Supreme Court of Arkansas
338 Ark. 606
David Pardue v. State of Arkansas
Pro Se Motion to Supplement Record and to Proceed Informa Pauperis
No. 99-841. --- Delivered: Sept. 23, 1999.
- APPEAL & ERROR—APPEAL FROM DENIAL OF POST-CONVICTION RELIEF—WHEN DENIED.—An appeal of the denial of post-conviction relief will not be permitted to go forward where it is clear that the appellant could not prevail.
- HABEAS CORPUS—NO BASIS FOR APPELLANT TO FILE PETITION FOR WRIT—CIRCUIT COURT DID NOT HAVE JURISDICTION.—There was no basis for appellant to file a petition for writ of habeas corpus in the trial court because he was not incarcerated as a direct result of that conviction when he filed the petition; moreover, he was not in custody in the county where the petition was filed, and was in fact incarcerated in a federal prison in another state; even if the sentence imposed in Arkansas had not been exhausted, a circuit court does not have jurisdiction to release on a writ of habeas corpus a prisoner not in custody in that court's jurisdiction; the motion was denied and the appeal dismissed.
Pro Se Motion to Supplement Record and to Proceed Informa Pauperis; denied and appeal dismissed.
Appellant, pro se.
No response.
[PER CURIAM decision of the court.]
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