Supreme Court of Arkansas

James Edward Whitney, Appellant v. Wendy Kelley

December 20, 2018562 S.W.3d 208

Summary

The court remanded Whitney's appeal because the circuit court's order denying in forma pauperis status did not contain the findings required for review under Rule 72. The order found indigency but did not adequately explain the basis for concluding that Whitney's habeas petition failed to state a colorable cause of action. Whitney's motion to file a nonconforming brief was deemed moot because a new briefing schedule would follow the remand.