Love v. Kelley (Majority, with Dissenting)Annotate this Case
The Supreme Court dismissed Appellant’s appeal from an order of the circuit court dismissing Appellant’s petition for writ of habeas corpus, rendering moot Appellant’s motion for an extension of time to file his brief-in-chief.
In 1995, Appellant pleaded guilty to first-degree murder and was sentenced to life imprisonment. As grounds for his habeas petition, Appellant argued that the writ should issue because he understood at the time of the plea that he would be sentenced to thirty-two years’ imprisonment. The Supreme Court held that Appellant’s petition was an attack on his guilty plea and, therefore, his challenge must be filed pursuant to Ark. R. Crim. P. 37.1.