Whitney v. Guterres

The circuit court did not clearly err when it denied Appellant’s request to file an affidavit of sovereignty based on its conclusion that the affidavit did not state a colorable cause of action that would entitle Appellant to proceed in forma pauperis.Appellant filed in the circuit court a petition to proceed in forma pauperis alleging that he was being illegally detained. Appellant sought indigent status for the purpose of filing an “affidavit of sovereignty” declaring that he was not a citizen of the Untied States or subject to its laws. Because Appellant’s affidavit of sovereignty sought relief from the condition of his probation, it was treated as an application for postconviction relief. The Supreme Court dismissed Appellant’s appeal from the circuit court’s denial of relief, which rendered moot the petitions Appellant filed in connection with his appeal, holding that it was clear that Appellant could not prevail in his appeal. View "Whitney v. Guterres" on Justia Law