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Ex parte Johnson

Supreme Court of Alabama

December 12, 2014

Ex parte Shannon Ray Johnson; (In re: Shannon Ray Johnson
v.
State of Alabama)

(Lauderdale Circuit Court, CC-11-485; Court of Criminal Appeals, CR-12-2086). Gilbert P. Self, Trial Judge.

For Petitioner: Jeffrey B. Austin, Florence.

OPINION

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

BRYAN, Justice.

WRIT DENIED. NO OPINION.

Stuart, Bolin, Shaw, Main, and Wise, JJ., concur.

Moore, C.J., and Parker and Murdock, JJ., dissent.

DISSENT

MOORE, Chief Justice (dissenting).

I respectfully dissent from the Court's decision to deny petitioner Shannon Ray Johnson's request for a writ of certiorari directed to the Alabama Court of Criminal Appeals.

Facts and Procedural History

In March 2011, Johnson pleaded guilty to resisting arrest, a violation of § 13A-10-33, Ala. Code 1975, in the district court of Lauderdale County. The Court of Criminal Appeals' unpublished memorandum, Johnson v. State (No. CR-12-2086, April 25, 2014), __ So.3d __(Ala.Crim.App. 2014)(table), provides the following facts:

" The district court judge sentenced Johnson to six months in the Lauderdale County Work Release Center ('LCWRC'). The LCWRC is operated by the Lauderdale County Community Corrections Authority. Johnson reported to the LCWRC that evening and was given a classification that prevented him from leaving the LCWRC for any reason. Johnson was informed that night of his classification. The next day Johnson was again told that he could not leave the LCWRC.
" At 7:00 p.m. on March 31, 2011, an Alcoholics Anonymous meeting was held in a common area of the LCWRC. A corrections officer announced that the meeting was beginning, and Johnson went to the common area along with other inmates. Shortly after the meeting began, Johnson walked out of the common area and off the LCWRC grounds. A corrections officer reported the escape to law enforcement, and the next ...

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