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
                                )
William Michael Kemp            )  ORDER GRANTING HABEAS CORPUS
                                )
________________________________)


_________________________________________________________________

  O R D E R     G R A N T I N G     H A B E A S     C O R P U S
_________________________________________________________________


     NOW PENDING before this Court is the Application of Relator,

Richard Hamilton  Hayward, requesting  that this  Court grant the

EXTRAORDINARY WRIT  OF HABEAS  CORPUS with  respect to Applicant,

William Michael  Kemp.   On leave  granted  by  this  Court,  the

Application for  Habeas Corpus relief was signed by, and has been

filed before this Court by, Relator, Richard Hamilton Hayward.

     Having considered  the Application in light of the threshold

requirements of  Alabama Statute  15-21-4, it  is the  opinion of

this Court that the Application is well taken.

     Having complied with the express requirements of the Alabama

Statutes, the  Application  triggers  the  duty  of  this  Court,

pursuant to  Alabama Statute  15-21-8, without delay to issue the

Great Writ.  Further, it is the opinion and duty of this Court to

issue the Great Writ of Habeas Corpus and accordingly it is:


       Order Granting Writ of Habeas Corpus:  Page 1 of 3


     ORDERED, ADJUDGED and DECREED that the EXTRAORDINARY WRIT OF

HABEAS CORPUS  issue  with  respect  to  the  Applicant,  William

Michael Kemp.  It is further,

     ORDERED, ADJUDGED  and DECREED  that the present BOND, dated

December 12,  1996, which is now outstanding and at issue, be and

is hereby  continued in  full force and effect, pending the final

disposition of  this matter  now pending  before this  Court,  on

condition that  the Applicant,  William Michael Kemp, comply with

the requirement  that He  appear, as  Ordered hereinbelow,  for a

show cause hearing on the propriety of the present restraint upon

His liberty.  It is further,

     ORDERED, ADJUDGED  and DECREED  that the Clerk of this Court

cause the  issuance and  service of  the  Extraordinary  Writ  of

Habeas Corpus,  pursuant to  and in  the form  as  set  forth  in

Alabama Statute  15-21-9, and  that the  same be  directed to  be

served on  the Sheriff of Etowah County, Alabama state, showing a

return date  for the  hearing in this matter set for ____ o'clock

A.M. on  the ______  day of  _______________, 1997,  before  this

Court in Etowah County, Alabama state.  It is further,

     ORDERED, ADJUDGED  and DECREED  that,  pursuant  to  Alabama

Statute 15-21-13, the Clerk of this Court cause service of notice

of this  Order, as  well as service of a true copy of the Writ of

Habeas Corpus,  showing the  return date  and show  cause hearing

date, upon  the District  Attorney of  this Circuit,  or upon the

Prosecuting Attorney  in the  case of  Alabama v.  Kemp, Case No.

#CC-95-1083.  It is further,


       Order Granting Writ of Habeas Corpus:  Page 2 of 3


     ORDERED, ADJUDGED and DECREED that Applicant William Michael

Kemp take  notice that  said Applicant, having been released from

actual custody  pursuant to  a continuance  of the  Bond  now  at

issue, as  set forth  in this ORDER, and conditioned as stated in

this ORDER, is hereby directed to appear before this Court on the

_____ day  of ___________________,  1997 at _____ o'clock, ___.M.

and then and there to proceed and respond to a show cause hearing

to determine  the propriety,  if any  there be,  of  the  present

restraint upon the liberty of William Michael Kemp.


Entered on  this the  ____ day  of March, 1997, at Etowah County,

Alabama state.


____________________________________________________
Judge, Circuit Court of Etowah County, Alabama state


       Order Granting Writ of Habeas Corpus:  Page 3 of 3


                             #  #  #

Return to the Table of Contents for

Alabama v. Kemp