Opinion
3 Div. 715.
July 31, 1984.
Appeal from the Circuit Court, Escambia County, Douglas S. Webb, J.
Carl Hall, Birmingham, pro se.
No Brief for appellee.
Carl Hall's petition to the Escambia Circuit Court for a writ of habeas corpus, challenging the propriety of a state disciplinary board proceeding, was dismissed without a hearing on the ground that a petition for a writ of habeas corpus was not the proper remedy. This ruling was erroneous.
Hall, the appellant herein, sought, by petition for a writ of habeas corpus, to challenge the results of his disciplinary proceeding which deprived him of two years of his "good time" credit and upgraded his custody status. A petition for a writ of habeas corpus was the proper method for making such a challenge. See, Williams v. Davis, 386 So.2d 415 (Ala. 1980); see also, Washington v. State, 405 So.2d 62 (Ala.Crim.App. 1981); Fielding v. State, 409 So.2d 964 (Ala.Crim.App. 1981).
Consequently, this cause is due to be reversed and remanded for further consideration by the trial court, including, if necessary, a hearing to develop the facts essential for properly determining the merits of appellant's petition. See, Crear v. State, [Ms. 82-417, Nov. 10, 1983] (Ala. 1983); Washington v. State, supra; Fielding v. State, supra; Gibson v. State, 411 So.2d 1297 (Ala.Crim.App. 1982); Wilburn v. State, 432 So.2d 524 (Ala.Crim.App. 1983). The record before us, which essentially contains only appellant's pro se petition to the trial court, is not sufficient for a proper determination at this writing of the merits of the petition or the propriety of a dismissal on other grounds.
REVERSED AND REMANDED.
All the Judges concur.