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502 So. 2d 870

Luckie v. State

Court of Criminal Appeals of Alabama

Decided December 11, 1986

Court of Criminal Appeals of Alabama · decided 1986-12-11

Cited by 2 later decisions — most recently October 1994

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1986-12-11

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¶1

¶2This case was remanded with instructions to the trial court for further proceedings. *873 The trial court has complied with our instructions and filed a copy of its final decree with this court, which we consider as a return to remand.

¶3In compliance with our order, the trial court held a hearing on January 6, 1987. As a result of the State's failure to explain its disregard for the trial court's order, the court declared the action of the prison disciplinary committee of December 5, 1985, to be null and void. Upon its finding that appellant was being illegally restrained of his liberty and entitled to release, the trial court granted the writ of habeas corpus prayed for, and ordered appellant's immediate discharge.

¶4The relief sought by appellant in his petition having been granted, the matters raised in this appeal have become moot. Accordingly, this appeal is due to be dismissed.

¶5DISMISSED.

¶6All Judges concur.

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