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A Better Partnership
May 28, 2013

MSC reaffirms that habeas relief is only appropriate where there is a radical defect in the underlying proceeding or judgment

After originally granting leave to appeal in Kenney v. Booker, the Michigan Supreme Court affirmed on Friday the Court of Appeals' judgment denying the petitioner's complaint for habeas corpus. Our prior post concerning the initial grant of leave to appeal can be found here. The Court found that, although almost any prisoner may bring a habeas corpus action, relief is appropriate only if there is a radical defect that renders a proceeding or judgment void. The Court also noted that habeas corpus 'does not function as a writ of error', or as a 'test [for] questions of evidence'. Applying these standards to this petitioner's case, the Court concluded that the allegations that the Parole Board employed an inappropriate legal standard to revoke the petitioner's parole and that the evidence was insufficient to establish an actual parole violation does not rise to the level of a radical defect. Accordingly, the Court affirmed the denial of habeas relief.

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