Gardner v. Kelley

The Supreme Court dismissed Appellant’s appeal of an order denying him pauper status so that he could proceed with a petition for writ of habeas corpus to challenge his convictions for capital murder and aggravated robbery, holding that the circuit court correctly found that Appellant failed to set out a colorable cause of action in his proposed habeas petition, and therefore, Appellant could not prevail on appeal.In his habeas petition, Appellant alleged that the State failed to meet its burden of proof beyond a reasonable doubt, the trial judge erred and abused his discretion, and his trial attorney and appellate counsel were ineffective. The circuit court found that Appellant failed to support a claim cognizable in habeas proceedings. The Supreme Court agreed, holding that Appellant petition clearly failed to state a colorable cause of action. View "Gardner v. Kelley" on Justia Law