Abernathy v. Kelley (Majority)Annotate this Case
The Supreme Court affirmed the order of the circuit court denying and dismissing Appellant's pro se petition for writ of habeas corpus, holding that Appellant stated no ground on which the writ could issue under Arkansas law.
Appellant was found guilty of two counts of the rape of two children. Appellant was sentenced to thirty years' imprisonment on each of the two counts of rape. In his petition for writ of habeas corpus, Appellant alleged that the sentence imposed was excessive and based on "junk science"; (2) inadmissible testimony was allowed in the sentencing phase; and (3) he was denied the right to allocution before the sentence was imposed. The Supreme Court affirmed, holding that none of Appellant's claims stated a ground for the writ.