Collins v. Alabama Dept. of Corrections, 1061637.
Citation | 982 So.2d 1078 |
Decision Date | 28 September 2007 |
Docket Number | No. 1061637.,1061637. |
Parties | Merlin COLLINS v. ALABAMA DEPARTMENT OF CORRECTIONS. |
Court | Supreme Court of Alabama |
Merlin Collins, pro se.
Charles M. Crook, gen. counsel and deputy atty. gen., and Albert S. Butler, asst. gen. counsel and asst. atty. gen., Department of Corrections, for appellee.
Merlin Collins filed a petition for a writ of certiorari in the Montgomery Circuit Court, arguing that the Alabama Department of Corrections ("DOC") had improperly classified him as a heinous offender. After the trial court denied his petition, Collins appealed to the Court of Criminal Appeals. The Court of Criminal Appeals concluded that the Court of Civil Appeals has jurisdiction to hear the appeal and transferred this case to that court. Collins v. Alabama Dep't of Corrections, 911 So.2d 739 (Ala.Crim.App.2004).
The Court of Civil Appeals has now transferred the case to this Court. See § 12-3-15, Ala.Code 1975. The Court of Civil Appeals has requested that we determine which court of appeals has jurisdiction to hear Collins's appeal. We hold that jurisdiction lies with the Court of Criminal Appeals, and we transfer this case to that court.
The jurisdictional disagreement between the courts of appeals arose after this Court's decision in Ex parte Boykins, 862 So.2d 587 (Ala.2002). Boykins, an inmate, filed a petition for a writ of certiorari challenging DOC's denial of his request to receive incentive good time. The trial court treated the petition as a petition for a writ of habeas corpus and dismissed it. Boykins appealed, and the Court of Criminal Appeals affirmed the trial court's dismissal of his petition, stating that "`[b]ecause Boykins had no liberty interest in earning [incentive good time], the circuit court correctly denied his petition for writ of habeas corpus.'" 862 So.2d at 589 ( ). This Court reversed the judgment of the Court of Criminal Appeals and remanded the case to that court, stating, in pertinent part:
Relying upon its interpretation of our decision in Boykins, the Court of Criminal Appeals has concluded that it "would have jurisdiction to review certiorari petitions challenging DOC actions involving an inmate's conduct [while incarcerated], while the Court of Civil Appeals would have jurisdiction to review petitions challenging decisions based on factors other than the inmate's conduct [while incarcerated]." McConico v. Alabama Dep't of Corrections, 893 So.2d 577, 581 n. 5 (Ala.Crim. App.2004). Because Collins "challenged a custody reclassification that was not based on conduct that occurred while he was in prison," Collins, 911 So.2d at 743, the Court of Criminal Appeals, based on its reasoning in McConico, transferred his appeal to the Court of Civil Appeals. After it issued its opinion in Collins, the Court of Criminal 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 &...
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