Edwards v. Kelley (Majority, with Concurring and Dissenting)Annotate this Case
The Supreme Court affirmed the order of the habeas court denying Petitioner’s petition for a writ of habeas corpus, holding that Petitioner did not state a ground on which a writ of habeas corpus could be issued.
Petitioner, an inmate incarcerated for several crimes, argued in his habeas petition that he was subjected to double jeopardy because the same elements that were used to prove that he committed rape were used to prove that he committed attempted rape. Petitioner also argued that the judgment was invalid because attempted rape is a lesser-included offense of rape. The Supreme Court held that the circuit court was not clearly erroneous in denying habeas relief, as the claims Petitioner raised in his petition were not within the purview of a habeas proceeding.