Jenkins v. State

Jenkins appeals the summary denial of his petition for writ of habeas corpus. He argues that the lower court erred in denying his petition because it sufficiently alleges that he is entitled to immediate release based upon the alleged victim’s misidentification. Because Jenkins could have and should have raised this argument on direct appeal or in a motion for post conviction relief, the lower court properly denied Jenkins’ petition for writ of habeas corpus. Therefore, we affirm.

Jenkins was charged by information with, among other things, aggravated battery upon Tony Hayward. Jenkins filed a…