Legal Opinion

Edwards v. Kelley

Supreme Court of Arkansas

Decided September 21, 2017No. CV-16-705Published

1Concurring in part, dissenting in partShawn A. Womack, Justice

|fiI concur with the majority’s opinion affirming the circuit court’s dismissal of Edwards’s habeas petition; I respectfully dissent solely on the majority’s analysis of Ark. Code Ann. § 16-68-607 (Repl. 2005). As the majority noted, the statute prevents an indigent incarcerated person from bringing a civil action or appealing from such a proceeding if he has previously brought three or more meritless claims. In Watts v. Kelley we held that, based on our constitution, a habeas petition could not count as a “strike” under the statute. 2017 Ark. 189, at 4, 520 S.W.3d 249, 252. Watts controls…

Also in this document: Dissent.

2Cases cited9 opinions

  1. Love v. HillSupreme Court of Arkansas · 1988
  2. Renshaw v. NorrisSupreme Court of Arkansas · 1999
  3. Davis v. SchimmelSupreme Court of Arkansas · 1972
  4. Tucker v. HobbsSupreme Court of Arkansas · 2014
  5. Anderson v. KelleySupreme Court of Arkansas · 2015

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API