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In re Review of Habeas Corpus Proceedings

Supreme Court of Arkansas
May 10, 1993
Versions:852 S.W.2d 791
1993 Ark. LEXIS 281
313 Ark. 168
Per Curiam.

In Fulks v. Walker, 224 Ark. 639, 275 S.W.2d 873 (1955), we recited the history resulting in the use of certiorari as the proper means of seeking review of habeas corpus proceedings. We concluded that appeal was more appropriate than certiorari, and we directed that henceforth review of habeas corpus proceedings would be by appeal.

In City of Clinton v. Jones, 302 Ark. 109, 787 S.W.2d 242 (1990), without reference to Fulks v. Walker, we said certiorari was the proper means of review of habeas corpus proceedings. We should not have done so. Since our decision in the City of Clinton case we have permitted review by either method, and confusion has resulted.

We again call attention to Fulks v. Walker. The proper means of review of habeas corpus proceedings is by appeal. After July 1,1993, we will permit review of habeas corpus proceedings only by appeal.

Case Details

Case Name: In re Review of Habeas Corpus Proceedings
Court Name: Supreme Court of Arkansas
Date Published: May 10, 1993
Citations: 852 S.W.2d 791; 1993 Ark. LEXIS 281; 313 Ark. 168
Court Abbreviation: Ark.
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