Smith v. Kelley (Majority)
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The Supreme Court dismissed Appellant’s appeal from the circuit court’s denial of his petition to proceed in forma pauperis in an action seeking a writ of habeas corpus, thus declaring the motions Appellant filed in connection with the appeal moot, holding that Appellant’s claims were not cognizable in habeas proceedings.
The circuit court denied Appellant’s petition to proceed in forma pauperis in an action seeking a writ of habeas corpus on the basis that Appellant failed to state a colorable cause of action. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion when it denied Appellant’s petition to proceed as a pauper because the claims raised in the petition should have been raised in a timely petition for relief under Ark. R. Crim. P. 37.1.
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