Ex Parte Ricky Eugene Kerr, Applicant

Summary

The Court held that the applicant's earlier filings were not true habeas corpus applications because they did not seek relief from a death‑penalty judgment, so the August 6, 2000 filing is his initial writ and is timely; the writ is issued and the case is remanded for further proceedings. Justice Keller dissented, arguing the earlier filing was a true writ and that the later filing should be barred, while Justice Johnson concurred in the judgment but criticized the majority's view on counsel competence.