Carroll v. Raney

OPINION

WADE, Judge.

The petitioner, William D. Carroll, Jr., appeals the trial court’s dismissal of his petition for writ of habeas corpus. The sole issue presented for review is whether the dismissal without an evidentiary hearing was appropriate.

We reverse the judgment and remand to the trial court for an evidentiary hearing to determine whether the petitioner’s sentence had expired prior to the revocation of his 22-year commuted sentence.

The pleadings establish that in the early 1960’s the petitioner, now over 70 years old, was convicted for rape and sentenced to death. 1 In 1964, former…