Davis v. State

Summary

The court dismissed Davis’s appeal from the denial of leave to proceed in forma pauperis on a tendered habeas petition. Although applying the civil rules to the habeas proceeding would have been error, dismissal was proper because the petition’s claims did not establish facial invalidity of the judgment or lack of jurisdiction and therefore could not support habeas relief. The court also held that an appeal from a habeas ruling need not proceed when it is clear the petitioner cannot prevail.