William Michael Kemp, Sui Juris c/o General Delivery Gadsden, Alabama state zip code exempt In Propria Persona Under Protest, Necessity, and by Special Visitation all rights reserved CIRCUIT COURT OF ETOWAH COUNTY ALABAMA STATE Ex Parte ) Case No. #CC-95-1083 ) REQUEST FOR LEAVE TO FILE William Michael Kemp ) APPLICATION FOR EXTRAORDINARY ) WRIT OF HABEAS CORPUS: ________________________________) Alabama Statute 15-21-8 To the Honorable Judge of this Court: REQUEST FOR LEAVE TO FILE APPLICATION FOR EXTRAORDINARY WRIT OF HABEAS CORPUS COMES NOW Richard Hamilton Hayward, Relator, hereafter Relator, lodging this request for leave of this Court to file an Application for the EXTRAORDINARY WRIT OF HABEAS CORPUS intending to determine the propriety of the present restraint upon the liberty of, and to secure the release of, your Applicant, William Michael Kemp, who is presently restrained of His liberty as the result of Applicant's having been released from actual custody, into constructive custody, as result of the issuance of a "BOND" on or about the 12th day of December, 1996, on the authority of Circuit Judge Donald W. Stewart of Circuit Court of Etowah County Alabama. of Alabama state, that the authority on which your Applicant is Application for Leave to File for Writ of Habeas Corpus: Page 1 of 3 Relator will show that the Applicant is entitled to Habeas Corpus relief pursuant to the expressed language of the statutes presently restrained lacks the requisite jurisdiction, that the present restraint does violence to justice, and that the Writ should issue predicated on satisfying the expressed threshold requirements of the statutes of Alabama state, as are set forth in full, and in detail, in the attached Application. JURISDICTION 1. As jurisdictional authority for this application for the Extraordinary Writ of Habeas Corpus to be signed, filed and presented by Relator, Relator relies on Alabama Statute 15-21-1, which states as follows: 15-21-1. Persons entitled to prosecute writ: Generally. Any person who is imprisoned or restrained of his liberty in the state of Alabama on any criminal charge or accusation or under any other pretense whatever may prosecute a writ of habeas corpus according to the provisions of this chapter to inquire into the cause of such imprisonment or restraint. 2. Further, Relator seeks hereby to file and present this petition to this Honorable Court pursuant to the expressed authority of Alabama Statute 15-21-4 which, in pertinent part, states as follows: Application for a writ of habeas corpus must be made by petition, signed either by the party himself for whose benefit it is intended or by some other person on his behalf ...." Wherefore, premises considered, Richard Hamilton Hayward, Relator, respectfully requests that this Court grant to Relator leave of this Court to file the Application for Extraordinary Writ of Habeas Corpus respecting the present restraint upon the liberty of William Michael Kemp, so that the Great Writ may be promptly heard as to the propriety of restraint upon the liberty of William Michael Kemp and to secure His liberty in a manner consistent with the ends of justice. Application for Leave to File for Writ of Habeas Corpus: Page 2 of 3 Executed on: ___________________________ Respectfully submitted, /s/ Richard Hayward Richard Hamilton Hayward Relator Application for Leave to File for Writ of Habeas Corpus: Page 3 of 3 # # #
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Alabama v. Kemp