Fields v. Kelley (Majority, with Dissenting)Annotate this Case
The Supreme Court dismissed Appellant’s appeal from the circuit court’s denial of his motion to refile a habeas petition, holding that Appellant’s appeal was not from an appealable order and that it was clear from the record that he could not prevail on appeal.
Appellant filed a pro se petition for writ of habeas corpus, which the circuit court dismissed. Thereafter, Appellant filed a motion to refile a habeas petition, which the circuit court denied. Appellant appealed. The Supreme Court dismissed the appeal, which rendered moot the motions filed in connection with the appeal, holding that the circuit court’s denial of Appellant’s motion was not a final judgment, and therefore, there was no final, appealable order entered in this case.