Robinson v. State
Decision Date | 19 December 2008 |
Docket Number | 1070180. |
Parties | James ROBINSON v. STATE of Alabama. |
Court | Alabama Supreme Court |
James Robinson, pro se.
Kim Thomas, deputy atty. gen. and gen. counsel, and Tara S. Knee, asst. atty. gen, and asst. gen. counsel, Alabama Department of Corrections, for appellee.
James Robinson filed a declaratory-judgment action in the Bibb Circuit Court challenging an Alabama Department of Corrections ("DOC") disciplinary action arising out of conduct that occurred while he was incarcerated in the Bibb Correctional Facility. The Bibb Circuit Court entered an order transferring Robinson's case to the Montgomery Circuit Court and converting it to a petition for the writ of certiorari. The Montgomery Circuit Court dismissed Robinson's petition, and Robinson appealed to the Court of Criminal Appeals. That court transferred his appeal to this Court. We now transfer it back to the Court of Criminal Appeals.
In Ex parte Boykins, 862 So.2d 587, 593 (Ala.2002), this Court stated:
"Alabama law is clear that, in the absence of a right of appeal, a party seeking review of a ruling by an administrative agency may petition the circuit court for a common law writ of certiorari." State Pers. Bd. v. State Dep't of Mental Health & Mental Retardation, 694 So.2d 1367, 1371 (Ala.Civ.App.1997) (citing Ellard v. State, 474 So.2d 743 (Ala.Crim.App.1984)). Therefore, the Bibb Circuit Court correctly converted Robinson's action seeking a declaratory judgment to a petition for the writ of certiorari.
We have held that the Court of Criminal Appeals has jurisdiction to hear an inmate's appeal of the trial court's denial of his petition for the writ of certiorari challenging a decision of the DOC. Collins v. Alabama Dep't of Corr., 982 So.2d 1078, 1081 (Ala.2007) ( ...
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