Cervantes v. Kelley (Majority)
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The Supreme Court affirmed the judgment of the circuit court denying and dismissing Appellant's pro se petition for a writ of habeas corpus, holding that the circuit court did not err in denying and dismissing the petition on the basis that issues surrounding parole eligibility are not cognizable in habeas proceedings.
Appellant appeared before the parole board on September 5, 2019 and was denied parole for two years. The parole board affirmed the two-year denial. In his petition for writ of habeas corpus Appellant argued that the parole board's actions were illegal and in violation of Ark. Code Ann. 16-93-615. The circuit court denied and dismissed the petition. The Supreme Court affirmed, holding that Defendant did not meet his burden of establishing probable cause that he was detained without lawful authority.
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