Curtis v. Hobbs
Cases that cite this one
3 later published cases cite this decision.
- Damien Echols v. State of Arkansas (Ark. 2024)
- Damien Echols v. State of Arkansas (Ark. 2024)
- James Green v. Wendy Kelley, Director, Arkansas Department of Correction (Ark. 2019)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Cite as 2015 Ark. 127
SUPREME COURT OF ARKANSAS
No. CV-14-1098
DEMETRIUS CURTIS Opinion Delivered March 19, 2015 APPELLANT
PRO SE PETITION FOR WRIT OF V. CERTIORARI AND MOTION TO FILE A BELATED BRIEF [CHICOT COUNTY CIRCUIT COURT, RAY HOBBS, DIRECTOR, ARKANSAS NO. 09CV-14-72] DEPARTMENT OF CORRECTION
APPELLEE HONORABLE ROBERT BYNUM GIBSON, JUDGE APPEAL DISMISSED; MOTION AND PETITION MOOT.
PER CURIAM
On October 15, 2014, appellant Demetrius Curtis filed a pro se petition for writ of habeas corpus in the Chicot County Circuit Court where he was incarcerated. The circuit court denied the petition, and appellant lodged an appeal from the order in this court. Now before us are appellant’s petition for writ of certiorari and motion to file a belated brief.
Because the public records of the Arkansas Department of Correction (ADC) reflect that appellant is no longer incarcerated, it is clear that he could not prevail on appeal were we to permit the appeal to proceed. A circuit court does not have jurisdiction to release on a writ of habeas corpus a prisoner not in custody. Branning v. Harmon, 2009 Ark. 533 (per curiam). Accordingly, we find that the motion and petition are moot. Thus, we do not reach the merits of the motion and petition and dismiss the appeal.
Appeal dismissed; motion and petition moot.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.