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.

03/03/95 RONNIE T. COLVIN v. ALABAMA BOARD PARDONS

March 3, 1995

RONNIE T. COLVIN
v.
ALABAMA BOARD OF PARDONS AND PAROLES



Appeal from Elmore Circuit Court. (CV-94-98.70). Steve Drinkard, TRIAL JUDGE.

Released for Publication August 12, 1995.

Patterson, Judge. Taylor, P.j., McMILLAN, Cobb, JJ., Concur; Long, J., Recuses Himself.

The opinion of the court was delivered by: Patterson

PATTERSON, JUDGE

The appellant, Ronnie T. Colvin, appeals from the circuit court's denial of his petition for a writ of certiorari. In his petition, Colvin challenged two of the four denials of parole by the Alabama Board of Pardons and Paroles.

This petition was originally filed in the Circuit Court of Montgomery County, but that court construed it as a petition for a writ of habeas corpus and transferred it to the Circuit Court of Elmore County, which would have had jurisdiction over such a petition. However, the Elmore Circuit Court could not properly entertain Colvin's petition. "Review of an action of the Board is not by a habeas corpus proceeding.... Certiorari is the appropriate remedy for review of such actions." Sellers v. State, 586 So. 2d 994, 994-95 (Ala.Cr.App. 1991). Hill's petition was erroneously treated as a petition for writ of habeas corpus. It should have been entertained by the Montgomery Circuit Court. Accordingly, the Elmore Circuit Court's judgment denying Hill's petition is reversed and that court is ordered to transfer Hill's petition back to the Montgomery Circuit Court.

REVERSED AND REMANDED.

TAYLOR, P.J., McMILLAN, COBB, JJ., CONCUR; LONG, J., RECUSES HIMSELF.

19950303

© 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.