Thernell Hundley, Appellant v. Ray Hobbs

Summary

The dissent would affirm dismissal of the habeas petition because Arkansas courts lacked personal jurisdiction over the prisoner's immediate physical custodian, the New Jersey warden, who was not named or served. It would apply the reasoning that an out-of-state custodian may be reached through agency and service of process, but the petition must still be directed to that custodian. The dissent concludes that the majority's broader theory risks undermining Arkansas precedent identifying the person with physical custody as the proper custodian.