Jackson v. Kelley (Majority, with Dissenting)
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The Supreme Court affirmed the decision of the circuit court dismissing Appellant's petition for writ of habeas corpus and denied the motions subsequently filed by Appellant to amend his reply brief, holding that the circuit court did not err.
In his petition, Appellant alleged (1) the judgment and commitment order was illegal on its face because it was signed by a judge that did not preside at his trial and lacked jurisdiction to enter the judgment, (2) the trial court exceeded its jurisdiction when it admitted certain evidence, and (3) the judge lacked jurisdiction because he failed to recuse himself. The circuit court denied the petition. The Supreme Court affirmed, holding (1) Appellant's claims were either without merit or were not cognizable in a habeas proceeding; and (2) the circuit court was not required to appoint counsel and hold a hearing on the petition.
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