Gullett v. State, CR-91-1854
| Court | Alabama Court of Criminal Appeals |
| Writing for the Court | TAYLOR |
| Citation | 613 So.2d 400 |
| Parties | Louis GULLETT v. STATE. |
| Docket Number | CR-91-1854 |
| Decision Date | 13 November 1992 |
Page 400
v.
STATE.
Alabama Supreme Court 1920591.
Louis Gullett, pro se.
James H. Evans, Atty. Gen., and Horace Lynn, Asst. Atty. Gen., for appellee.
TAYLOR, Judge.
The appellant, Louis Gullett, appeals from the denial of his petition for writ of habeas corpus. The appellant alleged in his petition that § 14-9-41(h), Code of Alabama 1975, added by amendment in 1991,
Page 401
requires that all inmates serving sentences of 15 years' imprisonment or less must be awarded correctional incentive time, calculated retroactively to the date the inmate begins to serve his sentence. Section 14-9-41(h) states:"(h) Deductions for good behavior, work habits and cooperation, or good conduct shall be interpreted to give authorized good time retroactively, to those offenders convicted of crimes committed after May 19, 1980, except those convicted of crimes of the unlawful sale or distribution of controlled substances as enumerated in Title 13A and in former chapter 2 of Title 20, and for any sexual offenses as enumerated in chapter 6, Title 13A, provided however that the commissioner of the department of corrections shall have the prison records of all inmates, who become eligible under this article, reviewed and shall disqualify any such inmate from being awarded good time under this article at his discretion."
Specifically, he contends that § 14-9-41(h) takes away the commissioner's discretion to grant incentive good time retroactively and that the commissioner's refusal to grant incentive good time denied him due process.
To trigger the due process protections of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), a liberty interest must be involved. The real question here is whether the 1991 amendment to § 14-9-41 created a liberty interest.
The Alabama Supreme Court, in Shelton v. Wright, 439 So.2d 55, 57 (Ala.1983), stated:
"The fundamental rule of statutory construction is that a court is under a duty to ascertain and effectuate legislative intent as expressed in the statute, see e.g., Gundy v. Ozier, 409 So.2d 764, 765, 766 (Ala.1981), which may be gleaned from the language used, the reason and necessity for the act and the purpose sought to be obtained. See Rinehart v. Reliance Ins. Co., 273 Ala. 535, 538, 142 So.2d 254, 256 (1962)."
As stated by the Eleventh...
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Ex parte Boykins
...IGT. See Coslett v. State, 697 So.2d 61 (Ala.Crim. App.1997); Parker v. State, 648 So.2d 653 (Ala.Crim.App.1994); Gullett v. State, 613 So.2d 400 (Ala.Crim.App. 1992).2 As we explained in "`The opportunity to earn "good time" is a privilege, not a right, in Alabama. Prisoners......
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Collins v. Alabama Dept. of Corrections, CR-03-0285.
...§ 14-9-41, Coslett v. State, 697 So.2d 61 (Ala.Crim.App.1997), Parker v. State, 648 So.2d 653 (Ala.Crim.App.1994), and Gullett v. State, 613 So.2d 400 (Ala.Crim.App.1992), that Boykins does not have a liberty interest in the DOC's ruling Page 742 his request to qualify for IGT. Boykins is n......
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Block v. Alabama Dept. of Corrections, CR-04-1417.
...§ 14-9-41, Coslett v. State, 697 So.2d 61 (Ala.Crim.App.1997), Parker v. State, 648 So.2d 653 (Ala.Crim.App.1994), and Gullett v. State, 613 So.2d 400 (Ala.Crim. App.1992), that Boykins does not have a liberty interest in the DOC's ruling on his request to qualify for IGT. Boykins is not as......
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Jacobs v. ALABAMA DEPT. OF CORRECTIONS
...§ 14-9-41, Coslett v. State, 697 So.2d 61 (Ala.Crim.App.1997), Parker v. State, 648 So.2d 653 (Ala.Crim.App.1994), and Gullett v. State, 613 So.2d 400 (Ala.Crim. App.1992), that Boykins does not have a liberty interest in the DOC's ruling on his request to qualify for IGT. Boykins is not as......
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Ex parte Boykins
...IGT. See Coslett v. State, 697 So.2d 61 (Ala.Crim. App.1997); Parker v. State, 648 So.2d 653 (Ala.Crim.App.1994); Gullett v. State, 613 So.2d 400 (Ala.Crim.App. 1992).2 As we explained in "`The opportunity to earn "good time" is a privilege, not a right, in Alabama. Prisoners......
-
Collins v. Alabama Dept. of Corrections, CR-03-0285.
...§ 14-9-41, Coslett v. State, 697 So.2d 61 (Ala.Crim.App.1997), Parker v. State, 648 So.2d 653 (Ala.Crim.App.1994), and Gullett v. State, 613 So.2d 400 (Ala.Crim.App.1992), that Boykins does not have a liberty interest in the DOC's ruling Page 742 his request to qualify for IGT. Boykins is n......
-
Block v. Alabama Dept. of Corrections, CR-04-1417.
...§ 14-9-41, Coslett v. State, 697 So.2d 61 (Ala.Crim.App.1997), Parker v. State, 648 So.2d 653 (Ala.Crim.App.1994), and Gullett v. State, 613 So.2d 400 (Ala.Crim. App.1992), that Boykins does not have a liberty interest in the DOC's ruling on his request to qualify for IGT. Boykins is not as......
-
Jacobs v. ALABAMA DEPT. OF CORRECTIONS
...§ 14-9-41, Coslett v. State, 697 So.2d 61 (Ala.Crim.App.1997), Parker v. State, 648 So.2d 653 (Ala.Crim.App.1994), and Gullett v. State, 613 So.2d 400 (Ala.Crim. App.1992), that Boykins does not have a liberty interest in the DOC's ruling on his request to qualify for IGT. Boykins is not as......