Ashley v. Young
Annotate this CasePetitioner was found guilty of several sex-related crimes and sentenced to serve an aggregate sentence of 135 years. The Supreme Court affirmed the conviction on direct appeal. Petitioner subsequently applied for writ of habeas corpus. The circuit court dismissed the application, and Petitioner moved the Supreme Court for a certificate of probable cause (CPC) to appeal the circuit court’s denial of his application. The Supreme Court reversed the habeas court’s dismissal and remanded for an evidentiary hearing. After a hearing, the habeas court entered a final order denying Petitioner’s application and motion for a CPC. Petitioner subsequently filed a motion for a CPC with the Supreme Court seeking to appeal the habeas court’s final order denying relief. The Supreme Court denied Petitioner’s motion for issuance of a CPC, holding that because Petitioner failed to address the habeas court’s findings of fact and conclusions of law, he failed to make a substantial showing of the denial of a constitutional right and therefore failed to establish probable cause that an appealable issue existed for appellate review.
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