State Ex Rel. Anstey v. Davis

(Filed Dec. 14, 1998)

The disposition of this case by the majority opinion is legally correct, and I embrace it wholeheartedly. I have chosen to write separately only for the purpose of clarifying a point regarding limitations on the use of the habeas corpus petition.

A Habeas Corpus Petition Is Appropriate Only When A Prisoner Seeks Actual Release From Custody

In the past, this Court has allowed “conditions” of incarceration to form the basis for a habeas corpus proceeding. However, we have previously addressed conditions of incarceration in relation to a habeas petition, only in the context of…