Block v. Alabama Dept. of Corrections, CR-04-1417.
Decision Date | 26 August 2005 |
Docket Number | CR-04-1417. |
Citation | 923 So.2d 342 |
Parties | Samuel Lynez BLOCK III v. ALABAMA DEPARTMENT OF CORRECTIONS. |
Court | Alabama Court of Criminal Appeals |
Samuel L. Block III, pro se.
Albert Sim Butler, asst. gen. counsel, Department of Corrections, for appellee.
The appellant, Samuel Lynez Block III, filed a petition for a writ of habeas corpus, arguing that the Alabama Department of Corrections ("DOC") improperly classified him as a sex offender. After DOC responded, the circuit court treated the petition as a petition for a writ of certiorari and summarily dismissed it. This appeal followed.
Initially, we must determine whether this court has jurisdiction to hear this appeal. For the reasons set forth herein, we conclude that the Alabama Court of Civil Appeals, rather than this court, has jurisdiction to hear this appeal.
We have previously held that a prisoner does not have a liberty interest in a particular custody or security classification. See Handley v. State, 549 So.2d 630, 631 (Ala.Crim.App.1989) (citing Hewitt v. Helms, 459 U.S. 460, 103 S.Ct. 864, 74 L.Ed.2d 675 (1983)); Moody v. Daggett, 429 U.S. 78, 88 n. 9, 97 S.Ct. 274, 279 n. 9, 50 L.Ed.2d 236 (1976). "`[T]he classification scheme adopted by the Alabama prison system to determine the custody status of prisoners "is not arbitrary and capricious, but reasonable and appropriate."'" Hill v. State, 594 So.2d 246, 248 (Ala.Crim. App.1992) ( ). "[C]ustody classifications in prison do not amount to matters in which the inmate has a constitutional right." Handley, 549 So.2d at 631. Therefore, the appellant has not shown that a liberty interest has been implicated in this case.1
Ex parte Boykins, 862 So.2d at 588. Because the opinion in Ex parte Boykins represented a departure from established procedures, we quote from it extensively.
In Ex parte Boykins, when reversing this court's judgment, the Alabama Supreme Court stated:
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Robinson v. State
...Beck[ v. Alabama Board of Pardons & Paroles, 907 So.2d 1096 (Ala.Crim.App.2005)], and Block[ v. Alabama Department of Corrections, 923 So.2d 342 (Ala.Crim.App.2005)]."). Based on our decisions in Boykins and Collins, we transfer Robinson's appeal to the Court of Criminal APPEAL TRANSFERRED.......
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Collins v. Alabama Dept. of Corrections
...Appeals, on the same basis, has transferred other appeals to the Court of Civil Appeals. See, e.g., Block v. Alabama Dep't of Corrections, 923 So.2d 342 (Ala. Crim.App.2005); Beck v. Alabama Bd. of Pardons & Paroles, 907 So.2d 1096 (Ala. Crim.App.2005); and Jacobs v. Alabama Dep't of Correc......
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Bush v. Alabama Dept. of Corrections
...28, 2007, Collins v. Alabama Department of Corrections, 982 So.2d 1078 (Ala.2007), this Court overruled Block v. Alabama Department of Corrections, 923 So.2d 342 (Ala.Crim. App.2005); Beck v. Alabama Board of Pardons & Paroles, 907 So.2d 1096 (Ala. Crim.App.2005); Jacobs v. Alabama Departme......