Supreme Court of Arkansas

Thernell Hundley, Appellant v. Ray Hobbs

February 26, 20152015 Ark. LEXIS 94

Summary

The court held that Jefferson County had jurisdiction over Hundley's habeas petition even though he was physically incarcerated in New Jersey under the Interstate Corrections Compact. Under the Compact and the Arkansas-New Jersey contract, Hundley remained subject to Arkansas's jurisdiction, could be returned to Arkansas, and was controlled by the Arkansas Department of Correction director for purposes of determining his place of incarceration. The court therefore reversed and remanded the dismissal. Justice Danielson, dissenting, would have affirmed because Hundley failed to name or serve the New Jersey warden who had immediate physical custody of him.