Muldrow v. Kelley (Majority, with Dissenting)
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The Supreme Court affirmed the circuit court’s denial of Appellant’s request to proceed in forma pauperis with a petition for a writ of habeas corpus, which mooted the motion before the Court in which Appellant sought an extension of time to file his brief.
The habeas petition, Appellant sought to pursue as a pauper sought habeas relief based on new scientific evidence and alleged that his conviction should be dismissed because the trial court lacked jurisdiction. The circuit court denied the petition, finding that Appellant failed to allege facts that would support a colorable cause of action. The Supreme Court affirmed the denial of pauper status, holding that Appellant alleged no facts that would support issuance of the writ and failed to state a colorable cause of action.
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