NEELY v. McCASTLAIN

No. 08-973.

306 S.W.3d 424 (2009)

2009 Ark. 189

Larry NEELY, Appellant, v. Hon. Lona McCASTLAIN, Prosecuting Attorney, in her official capacity as Prosecuting Attorney of the 23rd Judicial District, Lonoke County, Arkansas, and State of Arkansas, Appellees.

Supreme Court of Arkansas.

April 9, 2009.


Attorney(s) appearing for the Case

J. Thomas Sullivan, Little Rock, for appellant.

Dustin McDaniel, Att'y Gen., by: Vada Berger, Ass't Att'y Gen., Little Rock, for appellee.


JIM GUNTER, Justice.

Appellant Larry Neely appeals the grant of summary judgment to the State on appellant's complaint for declaratory judgment and writ of habeas corpus. Appellant argues that the trial court erred in holding that (1) appellant failed to present a justiciable issue with regard to his declaratory judgment action, and (2) appellant was in "constructive custody" for purposes of habeas corpus and denying the habeas writ on the merits. We granted appellees...

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