Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

01/13/95 DOUGLAS EARL DORTCH v. STATE

January 13, 1995

DOUGLAS EARL DORTCH
v.
STATE



Appeal from Barbour Circuit Court. (CC-93-0177). William Robertson, TRIAL JUDGE.

Released for Publication April 22, 1995.

Montiel, Judge. All the Judges concur.

The opinion of the court was delivered by: Montiel

MONTIEL, JUDGE

The appellant, Douglas Earl Dortch, appeals from the denial of his petition for a writ of habeas corpus in which he claims, among other things, that he is entitled to retroactive correctional incentive time. The appellant was convicted of sexual abuse in the first degree and the denial of retroactive incentive time was based on § 14-9-41(h), Code of Alabama 1975, which excepts sex offenders from those eligible for retroactive incentive time. We have previously held that the omission of sex offenders from eligibility for retroactive incentive time violated the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. Sims v. State, 625 So. 2d 1192 (Ala. Crim. App. 1993); Brooks v. State, 622 So. 2d 447, 450-51 (Ala. Crim. App. 1993). Therefore, upon this authority, we reverse the judgment of the circuit court and remand this case for further proceedings consistent with Sims and Brooks.

REVERSED AND REMANDED.

All the Judges concur.

19950113

© 1998 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.