Prince v. Kelley

Summary

Justice Josephine Linker Hart dissented from the majority's disposition of Carl Prince's filing, arguing that the filing styled as a motion for rule on the clerk should have been treated as a request for this court to assume jurisdiction over a habeas petition. She maintained that the court had constitutional and statutory authority either to decide the habeas petition on its merits or transfer it to the appropriate circuit court. The dissent contended that dismissal for expediency undermined access to habeas corpus and the court's responsibility to administer justice.