Lovelace v. Kelley (Majority, with Dissenting)
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The Supreme Court affirmed the judgment of the circuit court denying and dismissing Appellant's duplicate petitions for writ of habeas corpus, holding that the petitions failed to allege a basis for the writ.
Approximately forty years ago, Appellant was convicted of aggravated robbery and sentenced to life imprisonment. This appeal concerned the circuit court's denial and dismissal of his duplicate pro se petitions for writ of habeas corpus. In his petitions, Appellant asserted that his conviction was void because the criminal information was signed by the deputy prosecuting attorney instead of the elected prosecuting attorney. The circuit court denied and dismissed the petitions. The Supreme Court affirmed, holding that the circuit court did not clearly err.
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