Darrough v. Kelley

The Supreme Court affirmed the circuit court’s denial of Appellant’s petition for writ of habeas corpus in which he alleged that his sentence was illegally enhanced pursuant to Ark. Code Ann. 5-64-408. The court held (1) the circuit court did not err in denying Appellant’s request for default judgment; (2) Appellant’s allegations failed to establish probable cause that the writ should issue; (3) the circuit court did not lack jurisdiction to sentence Appellant utilizing the enhancement in section 5-64-408; and (4) the circuit court did not err by failing to have an evidentiary hearing on the matter. View "Darrough v. Kelley" on Justia Law