Young v. Kelley (Majority, with Dissenting)
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The Supreme Court affirmed the order of the circuit court denying and dismissing Appellant's pro se petition for writ of habeas corpus pursuant to Ark. Code Ann. 16-112-101, holding that Appellant stated no ground in the petition on which the writ could issue under Arkansas law.
Appellant pled nolo contendere to two counts of second-degree sexual assault. Appellant later filed the petition for writ of habeas corpus alleging claims of actual innocence and insufficient evidence. The circuit court denied the dismissed the petition. The Supreme Court affirmed, holding (1) Appellant did not meet his burden of demonstrating that he was being illegally detained and entitled to issuance of a writ of habeas corpus to effect his release from custody; and (2) Appellant offered no well-founded argument for the Court to expand the writ.
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