Jones v. Williams
Jones v. Williams
Opinion
¶1 The Habeas Corpus Act requires that a habeas petition "be accompanied by a copy of the warrant of commitment." § 13-45-101(1), C.R.S. (2018). In this habeas corpus appeal, we consider whether a district court may summarily dismiss a petition for lack of jurisdiction when the petition includes the petitioner's mittimus for his latest conviction but does not include the mittimuses for two earlier convictions, which he asserts are relevant to his habeas claim. To resolve this issue, we review the constitutional and statutory authority authorizing habeas corpus and our prior caselaw discussing the warrant requirement. We conclude that noncompliance with the warrant requirement does not deprive courts of jurisdiction over habeas corpus petitions. We overrule our prior cases holding that failing to provide a copy of the warrant of commitment is a jurisdictional defect, deprives the court of authority to act on a habeas petition, and requires summary dismissal. Accordingly, we reverse the district court's order dismissing the habeas petition for lack of jurisdiction and remand to the district court for further consideration.
I. Facts and Procedural History
¶2 Richard S. Jones filed a habeas corpus petition in the district court challenging the Department of Corrections' ("DOC") calculation of his parole eligibility date ("PED"). Jones asserted that the DOC used only his latest 2008 conviction to calculate his PED, but, to correctly calculate his PED, he believed that the DOC's calculation should include two earlier convictions from 1991. If his PED was calculated utilizing the 1991 convictions, Jones argued that he had passed his PED and was being unlawfully denied consideration for parole. 1 His habeas petition included the mittimus for the 2008 conviction but did not include the mittimuses for the two 1991 convictions.
¶3 In response to Jones's petition, the DOC moved to dismiss for lack of jurisdiction. The DOC characterized Jones's failure to include all three of his mittimuses as a "jurisdictional failure which requires dismissal." The district court granted the DOC's motion and dismissed the petition.
¶4 Jones appealed the district court's order to this court.
See
Colo. Const. art. VI, § 2 (outlining appellate jurisdiction of the supreme court); § 13-4-102(1)(e), C.R.S. (2018) (excluding habeas corpus appeals from the jurisdiction of the court of appeals);
see also
Nowak v. Suthers
,
¶5 Jones is representing himself. In his appellate briefs, he reasserts the merits of the claims he outlined in his habeas corpus petition. Pleadings by pro se litigants must be broadly construed to ensure that they are not denied review of important issues because of their inability to articulate their argument like a lawyer.
See
People v. Bergerud
,
¶6 Relying on this court's precedent, the DOC contends that the district court properly dismissed the petition because the district court lacked jurisdiction 2 as a result of *59 Jones's failure to provide all three of his mittimuses. 3
II. Analysis
¶7 When, as here, the challenge to the court's jurisdiction involves no disputed facts and instead involves interpreting a statutory requirement, we review the district court's dismissal order de novo.
St. Vrain Valley Sch. Dist. RE-1J v. Loveland
,
¶8 To decide whether the warrant requirement of section 13-45-101(1) is a jurisdictional requirement, we review the constitutional and statutory authority allowing habeas corpus. We also revisit our caselaw discussing the warrant requirement. We disagree with the DOC and conclude that the statutory requirement that a habeas petition "be accompanied by a copy of the warrant of commitment" is not jurisdictional. Therefore, noncompliance with the statute does not deprive the court of authority to act on the petition. When a habeas petition's allegations involve multiple sentences from multiple cases, a district court should either order the petitioner to provide the missing information or consider the petition based on the information provided.
A. Habeas Corpus Authority
¶9 The court's power to hear habeas corpus petitions derives from constitutional and statutory grants of authority. The Colorado Constitution grants the right to seek a writ of habeas corpus. Colo. Const. art. II, § 21. The Habeas Corpus Act, in turn, makes it "lawful ... to apply to the ... district courts for a writ of habeas corpus." § 13-45-101(1). Thus, all district courts in Colorado have subject matter jurisdiction to hear and decide habeas corpus cases.
See
Horton v. Suthers
,
¶10 In addition to granting district courts authority to entertain habeas corpus cases, the Habeas Corpus Act sets out statutory requirements for habeas petitions. Petitions
shall be in writing and signed by the prisoner or some person on his behalf setting forth the facts concerning his imprisonment and in whose custody he is detained, and shall be accompanied by a copy of the warrant of commitment , or an affidavit that the said copy has been demanded of the person in whose custody the prisoner is detained, and by him refused or neglected to be given.
§ 13-45-101(1) (emphasis added).
¶11 The DOC asserts that the statutory warrant requirement is jurisdictional and that noncompliance deprives the court of the authority to act on the petition. To support its position, the DOC relies on
Evans v. District Court
,
*60
¶12 We first considered the effect of noncompliance with the statutory warrant requirement in reviewing a district court's denial of a habeas corpus petition in 1961. A copy of the warrant of commitment was not included with the petition.
See
Wright v. Tinsley
,
¶13 Five years later, we again reviewed a district court's denial of a habeas corpus petition which lacked a copy of the warrant of commitment.
See
McNamara v. People
,
¶14 In 1971, borrowing the language from
McNamara
, we continued down this path and expressly described the warrant requirement as "jurisdictional."
See
Garrett v. Knight
,
¶15 Next, in 1977, the superintendent of the Colorado State Penitentiary ("CSP") filed an original proceeding asking this court to prohibit a district court from taking further action on a habeas corpus petition.
Evans
,
¶16 The conclusory statements about jurisdiction in these cases mischaracterize the precise effects of noncompliance with the statute. For the reasons explained below, we conclude that noncompliance with the warrant requirement does not deprive the court of jurisdiction over habeas corpus petitions. To the extent that McNamara , Knight , Evans , and Butler hold that noncompliance with the statutory requirement to provide a copy of the warrant of commitment is jurisdictional, *61 deprives the court of authority to act on a habeas petition, and requires summary dismissal, we overrule them.
B. The Warrant Requirement Is Not Jurisdictional
¶17 The legislature can restrict the court's jurisdiction by making statutory requirements jurisdictional.
See, e.g.,
State v. Borquez
,
¶18 In the Habeas Corpus Act, we find no language expressly or by necessary implication limiting the court's jurisdiction to hear habeas corpus cases.
See
§ 13-45-101(1) ("[I]t is lawful ... to apply to the ... district courts for a writ of habeas corpus."). The procedures set out in the statute, including the warrant requirement, implement the constitutional right to seek a writ of habeas corpus.
See
Colo. Const. art. II, § 21 ;
see also
U.S. Const. art. I, § 9, cl. 2. And the Colorado Constitution provides that "[t]he privilege of the writ of habeas corpus shall never be suspended, unless when in case of rebellion or invasion, the public safety may require it." Colo. Const. art. II, § 21. We have referred to this right in the most sweeping terms, calling habeas corpus "the great writ of freedom in Anglo-American jurisprudence" and have admonished that "it is not to be hedged or in anywise circumscribed with technical requirements."
People ex rel. Wyse v. Dist. Court
,
¶19 Our decision to read the warrant requirement as a statutory procedural requirement, instead of a jurisdictional requirement, is supported by subsection (1) of section 13-45-101. The subsection sets out requirements for a petition for a writ of habeas corpus: the petition must be in writing, signed, set out facts concerning the imprisonment and state in whose custody the prisoner is detained, and be accompanied by the warrant of commitment. § 13-45-101(1).
¶20 The subsection then goes on to instruct the district court how to proceed after receiving a petition: "The court to which the application is made shall forthwith award the writ of habeas corpus, unless it appears from the petition itself, or from the documents annexed, that the party can neither be discharged nor admitted to bail nor in any other manner relieved."
Id
. We have interpreted this to mean that unless a petition for habeas corpus makes a prima facie showing of unlawful detention or demonstrates a serious infringement of a fundamental right, it is insufficient on its face and should be dismissed without a hearing.
See
Christensen v. People
,
¶21 Dismissal under these circumstances, however, is not the same as dismissal for lack of jurisdiction. We believe that the warrant requirement outlined in the statute should be treated in the same manner as the statutory requirement that the petition set out the grounds entitling the petitioner to relief. As we stated in
Wright
, the warrant requirement's purpose is obvious: the warrant of commitment provides important factual information to the habeas court to assist the court in assessing whether the petitioner is entitled to relief.
Wright
,
C. Jones's Petition Invoked the District Court's Jurisdiction
¶22 Jones filed a habeas corpus petition in the district court. The petition alleged that he was being denied parole consideration because the DOC miscalculated his PED by using only his 2008 conviction and ignoring *62 his 1991 convictions. He referenced his 1991 convictions and provided the mittimus for his 2008 conviction. These steps were sufficient to invoke the district court's jurisdiction over the petition. Thus, the district court erred in dismissing the case for lack of jurisdiction. Accordingly, we reverse the district court's order, and we remand the case to the district court to consider the merits of Jones's petition.
¶23 Jones's habeas claim is not an uncommon one.
See, e.g.
,
Exec. Dir. of Colo. Dep't of Corr. v. Fetzer
,
III. Conclusion
¶24 Because Jones's petition was sufficient to invoke the court's jurisdiction to act, we reverse the district court's order summarily dismissing the petition for lack of jurisdiction. We hold that noncompliance with the warrant requirement of section 13-45-101(1) does not deprive courts of jurisdiction over habeas corpus petitions. We remand the case to the district court for consideration of the petition's merits.
We offer no opinion on the merits of Jones's habeas corpus claim.
The DOC frames the issue as "[d]id the district court properly dismiss Petitioner Jones's petition for a writ of habeas corpus where the district court lacked subject-matter jurisdiction because Jones failed to attach all mit[t]imuses to the petition?" Answer Brief at 1 (emphasis added). We understand the DOC's argument as challenging the district court's authority to entertain a habeas petition that does not comply with the statutory warrant requirement. We do not construe the DOC's argument as challenging the district court's authority to hear habeas petitions as a class of case.
In the Answer Brief, the DOC also asserts that it has recalculated Jones's PED and has now determined that his PED is in September 2019. Because the PED has been recalculated and brought forward, DOC contends that Jones's habeas corpus claim is moot. We disagree. When Jones filed his habeas petition in the district court in May 2018, he alleged that he should have appeared before the parole board "years ago." The DOC's claim on appeal that Jones's recalculated PED is fast approaching does not render moot his claim that his PED has passed.
Cf.
Tippett v. Johnson
,
In this case, though, all three of Jones's mittimuses are in the record. After the DOC moved to dismiss the case, Jones filed his two 1991 mittimuses. It's unclear whether the district court reviewed them before granting the motion to dismiss.
Reference
- Full Case Name
- Richard S. JONES, Petitioner-Appellant, v. Dean WILLIAMS, Executive Director of the Colorado Department of Corrections, Respondent-Appellee.
- Cited By
- 420 cases
- Status
- Published
- Syllabus
- In this habeas corpus appeal, the Supreme Court considered whether a district court may summarily dismiss a petition for lack of jurisdiction because the petitioner failed to include a warrant of commitment, as required by CRS § 13-45-101(1). The Court held that noncompliance with the warrant requirement does not deprive courts of jurisdiction over habeas corpus petitions. When the petitioner does not supply all the relevant warrants of commitment and the court believes that all the warrants are necessary for fair resolution of the habeas petition, the court should either ask the petitioner to provide the missing information or consider the petition based on the information provided. To the extent that Butler v. Zavaras, 924 P.2d 1060, 1062 (Colo. 1996), Evans v. District Court, 572 P.2d 811, 813 (Colo. 1977), Garrett v. Knight, 480 P.2d 569, 570–71 (Colo. 1971), and McNamara v. People, 410 P.2d 517, 517–18 (Colo. 1966) hold that noncompliance with the warrant requirement is jurisdictional, deprives the court of authority to act, and requires summary dismissal, the Supreme Court overruled these cases.