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