Halfacre v. Kelley

The Supreme Court affirmed in part and reversed and remanded in part an order of the circuit court denying Appellant’s motion to pursue his petition for a writ of habeas corpus in forma pauperis and ordering the Arkansas Department of Correction (ADC) to withhold the applicable statutory filing fee from Appellant’s inmate account. The Supreme Court held (1) Appellant’s Veterans’ Administration disability benefits may be counted as income in determining Appellant’s indigency status pursuant to federal law; but (2) applicable federal law prohibits the circuit court from ordering that the filing fee be paid from Appellant’s trust account, as the proceeds of the account are derived entirely from Appellant’s disability benefits. View "Halfacre v. Kelley" on Justia Law