Barber v. Kelley (Majority)Annotate this Case
Appellant pleaded guilty to murder in the first degree and was sentenced to 480 months in prison. Appellant later filed a petition for writ of habeas corpus seeking release from custody. The circuit court dismissed the petition because Appellant did not state a basis for issuance of the writ. Appellant appealed. The State filed a motion to dismiss the appeal on the grounds that Appellant had failed to submit a brief or otherwise take any action to pursue the appeal. The Supreme Court granted the motion, holding that the circuit court did not err in dismissing Appellant’s habeas petition because Appellant did not establish that the trial court lacked jurisdiction in his case or that the commitment was invalid on its face.