Bullock v. Dept. of Corrections

Full title: MARVIN LEE BULLOCK v. DIRECTOR OF THE DEPARTMENT OF CORRECTIONS

Court: Court of Appeals of Virginia

Date published: Sep 3, 1985

334 S.E.2d 150 (Va. Ct. App. 1985)

334 S.E.2d 150

Opinion

44843 No. 0073-85

Argued April 2, 1985

Decided September 3, 1985

(1) Habeas Corpus — Jurisdiction — Persons Held Under Criminal Process. — Under Code Sec. 8.01-654, only the circuit court which entered the original judgment order of conviction may issue a writ of habeas corpus for one held under criminal process.

(2) Habeas Corpus — Jurisdiction — Persons Held Under Criminal Process. — While both the Supreme Court and the Court of Appeals have original jurisdiction to issue writs of habeas corpus, the jurisdiction of the Court of Appeals, but not the Supreme Court, is subject to the limitation of Code Sec. 8.01-654.

SUMMARY

Petitioner filed an original habeas corpus petition in the Court of Appeals challenging criminal convictions rendered in the Circuit Court of the City of Portsmouth.

The Court of Appeals dismissed the petition, holding that only the Supreme Court or the circuit court which entered a judgment of conviction may entertain a habeas action for one held under criminal process.

Dismissed.

OPINION

BARROW, J.

This is a petition for a writ of habeas corpus filed originally in this court. Marvin Lee Bullock, the petitioner, challenges sentences imposed for criminal convictions in the Circuit Court of the City of Portsmouth.

(1-2) This Court has original jurisdiction to issue writs of habeas corpus. Code Sec. 17-116.04. However, only "the circuit court which entered the original judgment order of conviction" may issue a writ for one held under criminal process. Code Sec. 8.01-654.

The Supreme Court's grant of original jurisdiction in habeas corpus matters is not subject to this limitation. See Code Sections 8.01-654 B.1 and 17-97. However, this Court's grant of jurisdiction in these matters is limited. See Code Sections 8.01-654 B.1 and 17-116.04.

Since only the Supreme Court or the Circuit Court which entered the original judgment order may issue a writ of habeas corpus in this case, the petition for such a writ from this court will be dismissed.

Dismissed.

Baker, J., and Hodges, J., concurred.