Clay v. Kelley (Majority)
Annotate this CaseThe Supreme Court affirmed the circuit court’s dismissal of Appellant’s pro se petition for writ of habeas corpus alleging that he was actually innocent of the offense of capital murder and that his due process rights had been violated. In his petition, Petitioner claimed that the State failed to charge or prove the underlying felony of robbery in furtherance of the murder and that his due process rights were denied because his intention to commit a robbery was never formed before the beginning of the fatal assault. The Supreme Court affirmed the circuit court’s dismissal of the petition, holding that there was no basis for a finding that a writ of habeas corpus should issue.
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