Gerald H. Lowery, Sr. v. Dexter Payne

Summary

The court affirmed the denial and dismissal of Lowery's habeas petition. It held that alleged violations of trial-priority and continuance requirements constituted, at most, trial error and did not establish facial invalidity of the judgment or a jurisdictional defect cognizable in habeas proceedings. The court also held that no evidentiary hearing was required because Lowery failed to show probable cause for issuance of the writ.