Colton v. Kelley (Majority, with Dissenting)
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The Supreme Court affirmed the order of the circuit court denying Appellant’s petition for writ of habeas corpus, holding that Appellant stated no ground for relief cognizable in a habeas proceeding.
On appeal, Appellant argued that there were multiple errors committed in his trial and in the court of appeals’ decision in his direct appeal, that the Supreme Court erred in denying his petition for review, and that the circuit court erred in holding that his petition was not timely filed under Ark. R. Crim. P. 37.1. The Supreme Court affirmed the circuit court’s order, holding that Appellant’s petition stated no claim for relief that was within the purview of a habeas corpus proceeding, and therefore, the habeas petition was subject to denial on that basis.
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