Ayers v. Davis

Each of the above appeals is from a denial of habeas corpus sought by an indigent prisoner. In each case the lower court judgment of denial has been affirmed. In each instance this Court, by a majority opinion,1 without consideration of the merits of the petition for habeas corpus, has held that a petitioner is not entitled to seek habeas corpus unless and until he has demonstrated that the remedy available under RCr 11.42 is inadequate. I respectfully dissent on the ground that such holding constitutes a wrongful suspension of the privilege of the writ of habeas corpus, in violation of the…