Rea v. Kelley (Majority)
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The Supreme Court remanded for further findings of fact this appeal from the denial of Appellant’s petition to proceed in the circuit court as a pauper with a petition for writ of habeas corpus, holding that the circuit court failed to provide sufficient findings for the Supreme Court to review.
In Gardner v. Kelley, 549 S.W.3d 349 (Ark. 2018), the Supreme Court held that the circuit court is required under Ark. R. Civ. P. 72 to enter specific findings on a petitioner’s indigency before addressing issues as to whether the petition had stated a colorable claim. Here, the Court remanded to the circuit court for a supplemental order on the in forma pauperis petition that contains adequate findings of fact and complies with Ark. R. Civ. P. 72.
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