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David PARDUE v. STATE of Arkansas

Supreme Court of Arkansas
Opinion delivered September 23, 1999

1. 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.
2. 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