Supreme Court of Arkansas

Thernell Hundley, Appellant v. Ray Hobbs

February 26, 20152015 Ark. LEXIS 94

Summary

The court held that the Jefferson County Circuit Court had jurisdiction to entertain Hundley’s habeas petition even though he was physically incarcerated in New Jersey under the Interstate Corrections Compact. Because Arkansas retained jurisdiction over Hundley, Hobbs controlled his placement and could secure his return, and Hobbs was located in Jefferson County, the writ could properly be directed to Hobbs and made returnable there. Justice Danielson, dissenting, would have affirmed because Hundley failed to name or serve the New Jersey warden who had immediate physical custody of him.