STATE OF MISSOURI ex rel. JOSHUA HAWLEY, Relator,
THE HONORABLE SANDRA C. MIDKIFF and MARY MARQUEZ, Respondents.
PROCEEDING IN PROHIBITION
W. DRAPER III, JUDGE.
State of Missouri, ex rel. Joshua D. Hawley (hereinafter,
"Relator"), seeks a writ of prohibition, asserting
the proper venue for Ricky Kidd's (hereinafter,
"Defendant") petition for writ of habeas corpus is
in DeKalb County and the proper respondent should be the
Warden of the Crossroads Correctional Center (hereinafter,
"Warden"). This Court issued a preliminary writ of
prohibition, which it now makes permanent. This Court finds
Defendant's petition for writ of habeas corpus should
have been filed in the county in which he is held in custody
by the department of corrections.
Factual and Procedural Background
was convicted of two counts of first-degree murder and two
counts of armed criminal action. State v. Kidd, 990
S.W.2d 175 (Mo. App. W.D. 1999). Defendant was sentenced to
two consecutive terms of life imprisonment without the
possibility of parole for the murders and two consecutive
terms of life imprisonment for armed criminal action.
Id. at 177.
sought and received post-conviction relief. State v.
Kidd, 75 S.W.3d 804 (Mo. App. W.D. 2002). The motion
court vacated the armed criminal action convictions but
upheld the murder convictions and sentences. Id. at
808. Defendant's sentence was limited to two terms of
life imprisonment without the possibility of parole.
December 2013, Defendant filed a motion, pursuant to section
547.035, RSMo Supp. 2001, for DNA testing in Jackson County
circuit court. The matter was set for hearing on March 6,
2015. Prior to this hearing, Defendant applied for a writ of
habeas corpus ad testificandum, seeking to be transferred to
Jackson County because he was a material, competent, and
Jackson County circuit court issued the writ of habeas corpus
ad testificandum, ordering Warden to deliver Defendant by
March 3, 2015, for the hearing. The order further stated,
"after said proceeding, the inmate shall be returned
forthwith to the custody of the Department of
detained in the Jackson County Detention Center on the writ
of habeas corpus ad testificandum, Defendant filed a petition
for writ of habeas corpus, challenging his judgment of
conviction and sentences for first-degree murder. The
petition named the Director of the Jackson County Detention
Center (hereinafter, "Director") as the respondent
and stated electronic service was made on the Jackson County
prosecutor and the Jackson County counselor. Defendant stated
he was a prisoner in the custody of the State of Missouri,
but currently was being held in Jackson County.
the Jackson County circuit court dissolved the writ of habeas
corpus ad testificandum, Defendant was returned to the
Crossroads Correctional Center. Director filed a motion to
transfer the habeas corpus case to the proper venue in DeKalb
County, where Defendant was located, and to substitute Warden
as the proper respondent. The Jackson County circuit court
overruled the motion, finding Defendant filed his writ
petition properly in the first instance in Jackson County.
August 26, 2016, Director moved to add Warden as an
additional party because Defendant was in custody at the
Crossroads Correctional Center. Director also noted he had no
real interest in the case, while Warden did. On November 14,
2016, the Jackson County circuit court overruled the motion,
removing Director as respondent and declining to add Warden.
The Jackson County circuit court stated there was no legal
authority requiring the naming of a respondent; accordingly,
it allowed the case to move forward with no named respondent.
filed a motion to transfer venue to DeKalb County and to
substitute the proper respondent. The Jackson County circuit
court overruled this motion, and Relator sought a writ of
prohibition from the court of appeals, which was denied.
Relator then sought a writ of prohibition from this Court.
Standard of Review
Court has jurisdiction to issue original remedial writs. Mo.
Const. art. V, sec. 4. "A writ of prohibition is
appropriate: (1) to prevent the usurpation of judicial power
when a lower court lacks authority or jurisdiction; (2) to
remedy an excess of authority, jurisdiction or abuse of
discretion where the lower court lacks the power to act as
intended; or (3) where a party may suffer irreparable harm if
relief is not granted." State ex rel. Strauser v.
Martinez, 416 S.W.3d 798, 801 (Mo. banc 2014).
"Prohibition is the proper remedy to prevent further
action of the trial court where personal jurisdiction of the
defendant is lacking." State ex rel. Norfolk S. Ry.
Co. v. Dolan, 512 S.W.3d 41, 45 (Mo. banc 2017) (quoting
State ex rel. William Ranni Assocs., Inc. v.
Hartenbach, 742 S.W.2d 134, 137 ...