State ex rel. Hawley v. Honorable Sandra Midkiff

by
The Supreme Court made permanent its preliminary writ of prohibition, holding that the circuit court exceeded its authority in refusing to transfer venue of Defendant’s petition for writ of habeas corpus. While detained in the Jackson County Detention Center, Defendant filed a petition for writ of habeas corpus challenging his judgment of conviction and sentences for first-degree murder. Defendant was later returned to the Crossroads Correctional Center. The Director of the Jackson County Detention Center, who had been named as the respondent in Defendant’s petition, filed a motion to transfer the habeas corpus case to the proper venue in DeKalb County, where Defendant was located, and to substitute the Warden of the Correctional Center as the proper respondent. The Jackson County circuit court overruled the motion. Relator Joshua Hawley then filed a motion to transfer venue to DeKalb County and to substitute the proper respondent. The Jackson County circuit court overruled this motion. Relator sought a writ of prohibition from this Court. The Court granted relief, holding that the Jackson County circuit court exceeded its authority in refusing to transfer venue of Defendant’s petition because the Warden was the proper named respondent and DeKalb County was the proper venue for the habeas petition. View "State ex rel. Hawley v. Honorable Sandra Midkiff" on Justia Law

Posted in: Criminal Law

Comments are closed.