Timothy Mack Clemmons v. Wendy Kelley

Summary

The court held that the circuit court’s unexplained denial of in forma pauperis status was insufficient because Rule 72 requires findings regarding indigency and whether the proposed habeas petition states a colorable cause of action. Because Clemmons presented at least one potentially cognizable habeas claim and the record did not establish an obvious defect, the court remanded for findings and conclusions rather than deciding the petition’s ultimate merits.