Lovelace v. Morrow

Plaintiff appeals the trial court’s dismissal of his claim that he is entitled to habeas corpus relief. Defendant asserts that plaintiffs appeal is untimely and must be dismissed. As explained below, we agree with defendant that this appeal is untimely and dismiss the appeal.

The pertinent procedural facts are as follows. Plaintiff petitioned for a writ of habeas corpus and, in January 1999, the trial court issued the writ ordering defendant to file a return. Defendant filed a return asserting that plaintiffs confinement was lawful. Plaintiff filed a replication and later an amended…