Public-domain · open source
OpenJurist

497 So. 2d 618

Jackson v. State

Court of Criminal Appeals of Alabama

Decided October 28, 1986

Court of Criminal Appeals of Alabama · decided 1986-10-28

Cited by 1 later decisions — most recently March 1993

1 state decisions

Relies on Wolff v. McDonnell · 471 So. 2d 1257 - Ex Parte Boatwright · 437 So. 2d 1375 - Barker v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-10-28

View the full empirical analysis of this case →

BOWEN, Presiding Judge.

¶1This is an appeal from the denial of a pro se petition for writ of habeas corpus challenging the action of a prison disciplinary board.

¶2The record contains no disciplinary report affirmatively showing that the due process requirements of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), were satisfied. Fielding v. State, 409 So.2d 964 (Ala.Cr.App.1981), cited by the district attorney in his motion to dismiss, supports the granting of the petition. Ex parte Bland, 441 So.2d 122 (Ala.1983), and Barker v. State, 437 So.2d 1375 (Ala.Cr.App.1983), also support the appellant’s arguments. The motion to dismiss is not responsive to the allegations of the petition and therefore the appellant is entitled to an evidentiary hearing. Ex parte Boatwright, 471 So.2d 1257 (Ala.1985); Bartlette v. State, 472 So.2d 706 (Ala.Cr.App.1985).

¶3The judgment of the circuit court denying the petition is reversed and this cause is remanded with directions that an eviden-tiary hearing be conducted concerning the merits of the petition.

¶4REVERSED AND REMANDED.

All Judges concur.
/497/so2d/618 · .json · Public domain