Garrison v. Kelley (Majority, with Dissenting)
Annotate this CaseThe Supreme Court dismissed Appellant’s appeal from the circuit court’s denial of his pro se petition for writ of habeas corpus, in which Appellant alleged that the judgment-and-commitment order entered in his criminal case was facially invalid because the trial court erroneously instructed the jury regarding parole eligibility. In dismissing the petition, the circuit court found that Appellant had failed to establish probable cause that he was being held illegally, that the trial court lacked jurisdiction, or that the commitment was invalid on its face. The Supreme Court dismissed the petition, which rendered moot the motion Appellant filed in connection with the petition, holding that Appellant failed to establish probable cause for the writ to issue.
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