Halfacre v. Kelley (Per Curiam)Annotate this Case
Appellant submitted to the circuit court a petition for habeas corpus relief and asked the court for permission to proceed in forma pauperis. The circuit court denied the in forma pauperis petition, but the order was not file marked. Appellant appealed the denial of his petition to proceed in forma pauperis and tendered an appeal record to the clerk of court, but the record was rejected because it lacked a file-marked copy of the order from which Appellant appealed. Appellant subsequently filed a motion for rule on clerk. The Supreme Court granted the motion, holding that because the circuit court refused to file mark the order denying the in forma pauperis petition, Appellant demonstrated good cause for failure to perfect his appeal.