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606 David PARDUE v. STATE of Arkansas

99-841 Supreme Court of Arkansas

Opinion delivered September 23, 1999 
 * 1) APPEAL & ERROR—APPEAL FROM DENIAL OF POST-CONVICTION RELIEF—WHEN DENIED.—An appeal of the denial of post-conviction relief will not be permitted to go forward where it is clear that the appellant could not prevail.
 * 2) HABEAS CORPUS—NO BASIS FOR APPELLANT TO FILE PETITION FOR WRIT—CIRCUIT COURT DID NOT HAVE JURISDICTION.—There was no basis for appellant to file a petition for writ of habeas corpus in the trial court because he was not incarcerated as a direct result of that conviction when he filed the petition; moreover, he was not in custody in the county where the petition was filed, and was in fact incarcerated in a federal prison in another state; even if the sentence imposed in Arkansas had not been exhausted, a circuit court does not have jurisdiction to release on a writ of habeas corpus