Clem v. Hobbs
Annotate this CaseA jury found Appellant Joe Clem guilty by a jury of rape and accomplice to rape. Appellant later filed in the circuit court a pro se petition for writ of habeas corpus. The petition was denied, and Appellant lodged an appeal. Before the Supreme Court was Appellant's motion for extension of time to file his brief-in-chief. The Supreme Court dismissed the appeal and declared the motion moot, concluding that it was clear from the record that Appellant could not prevail on appeal and holding (1) Appellant did not demonstrate that the trial court in his case lacked jurisdiction or that the commitment entered was illegal on its face, and (2) Appellant's allegations concerning his counsel's effectiveness and sufficiency of the evidence were not cognizable in a habeas proceeding.
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