Mack v. Kelley (Majority, with Dissenting)
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The Supreme Court affirmed the circuit court’s denial of Appellant’s pro se petition for leave to proceed in forma pauperis in which he sought to proceed with a petition for writ of habeas corpus, holding that the circuit court did not err in denying the petition because Appellant failed to raise a claim that can be recognized in a habeas proceeding.
In denying the in forma pauperis petition, the circuit court found that Appellant had presented sufficient evidence to establish that he was indigent but failed to set forth a colorable cause of action. The Supreme Court affirmed, holding that Appellant’s claims of an involuntary plea or improper plea procedures were not properly addressed in a habeas proceeding.
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