Morgan v. Kelley (Majority, with Dissenting)Annotate this Case
The Supreme Court affirmed the order of the circuit court denying Appellant leave to proceed in forma pauperis on his petition for writ of habeas corpus, holding that the underlying habeas petition set out a claim that fell within those cognizable for the writ, yet it did not provide an adequate demonstration of probable cause to support issuance of the writ.
Appellant was convicted of rape and first-degree sexual assault entered on a negotiated guilty plea and was sentenced to sixty years' imprisonment. Appellant filed a petition for writ of habeas corpus alleging that the trial court did not have the authority to enter the judgment because he did not in fact enter a guilty plea. Appellant then filed his petition for leave to proceed in forma pauperis. The circuit court denied relief, finding sufficient evidence that Appellant was indigent but that he failed to allege a matter cognizable in a petition for the writ. The Supreme Court affirmed, holding that the claims in Appellant's habeas petition were not sufficient to support his allegations of a colorable cause of action.