Culbreth v. State, CR-04-2573.

CourtAlabama Court of Criminal Appeals
Writing for the CourtWise
Citation966 So.2d 912
PartiesJames CULBRETH v. STATE of Alabama.
Docket NumberCR-04-2573.
Decision Date02 March 2007
966 So.2d 912
James CULBRETH
v.
STATE of Alabama.
CR-04-2573.
Court of Criminal Appeals of Alabama.
March 2, 2007.

[966 So.2d 913]

James Culbreth, pro se.

Albert Sim Butler and Kim T. Thomas, asst. gen. counsel, Department of Corrections, for appellee.

On Remand from the Alabama Supreme Court

WISE, Judge.


The appellant, James Culbreth, an inmate at Easterling Correctional Facility, appeals from the circuit court's denial of his petition for a writ of habeas corpus.1

On October 20, 2003, Culbreth petitioned the Montgomery Circuit Court for a writ of habeas corpus seeking credit for time he spent in jail in the State of Washington following his release on bond and his subsequent failure to appear for trial in the Montgomery Circuit Court. On August 29, 2005, the circuit court denied the petition on the ground that venue in Montgomery County was improper, and further, because the relief sought by the appellant was cognizable in a Rule 32, Ala.R.Crim.P., petition — rather than in a habeas corpus petition. This appeal followed.

The relief sought by the appellant is cognizable in a petition for writ of habeas corpus. See Breach v. State, 687 So.2d 1257 (Ala.Crim.App.1996); Swicegood v. State, 646 So.2d 158 (Ala.Crim.App.1993) (a petition for writ of habeas corpus is the proper method by which to test whether the state has correctly calculated the time an inmate must serve in prison). As we stated in Graves v. State, 710 So.2d 535 (Ala.Crim.App.1997):

966 So.2d 914

"A petition for a writ of habeas corpus is the proper method by which to test whether the State has correctly calculated the time an inmate must serve in prison. Swicegood v. State, 646 So.2d 158 (Ala.Cr.App.1993). Section 15-18-5, Ala.Code 1975, requires that a convicted person be `credited with all of his actual time spent incarcerated pending trial for such offense. The actual time spent incarcerated pending trial shall be certified by the circuit clerk or district clerk on forms to be prescribed by the Board of Corrections.'"

710 So.2d at 536.

Culbreth claimed in his petition that he had been credited with 227 days of pretrial incarceration, representing the time Culbreth spent in the Montgomery County Detention Facility awaiting trial. However, Culbreth claims, the Department of Corrections failed to credit him with the time spent incarcerated in the State of Washington before he was returned to Alabama to face trial. The State did not refute Culbreth's claim. Indeed, our examination of the record indicates that the State filed no response whatsoever to Culbreth's petition. When the...

To continue reading

Request your trial
4 cases
  • Collier v. State )., 1091327.
    • United States
    • Supreme Court of Alabama
    • December 3, 2010
    ...reaffirmed by the Court of Criminal Appeals. See, e.g., Sundberg v. Thomas, 13 So.3d 43 (Ala.Crim.App.2009); Culbreth v. State, 966 So.2d 912 (Ala.Crim.App.2007); and Ware v. State, 807 So.2d 594 (Ala.Crim.App.2001). Neither this Court nor the Court of Criminal Appeals has considered the sp......
  • Gibson v. State Hezzie Sparks v. State Dale Lane v. State Alan Hampton v. State Ellis v. State , 2090825
    • United States
    • Alabama Court of Civil Appeals
    • October 29, 2010
    ...county or other territory over which a trial court has jurisdiction.’ Black's Law Dictionary 1591 (8th ed.2004).” Ex parte Culbreth, 966 So.2d at 912. In that case, [61 So.3d 325] because the record failed to demonstrate that the State had properly objected on the basis of venue, our suprem......
  • Gibson v. State Of Ala., 2090825
    • United States
    • Alabama Court of Civil Appeals
    • October 29, 2010
    ...county or other territory over which a trial court has jurisdiction.' Black's Law Dictionary 1591 (8th ed. 2004)." Ex parte Culbreth, 966 So. 2d at 912. In that case, because the record failed to demonstrate that the State had properly objected on the basis of venue, our supreme court held ......
  • Gunn v. State, CR-06-1017.
    • United States
    • Alabama Court of Criminal Appeals
    • June 29, 2007
    ...spent incarcerated awaiting trial on the first-degree robbery case may be meritorious. See § 15-18-5, Ala.Code 1975; Culbreth v. State, 966 So.2d 912 (Ala.Crim.App.2007). Accordingly, we remand this case to the circuit court with instructions that it conduct an evidentiary hearing on the ap......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT