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Jackson v. State

Court of Criminal Appeals of Alabama
Oct 28, 1986
497 So. 2d 618 (Ala. Crim. App. 1986)

Opinion

7 Div. 725.

October 28, 1986.

Appeal from the Circuit Court, St. Clair County, H.E. Holladay, J.

Wallace Jackson, pro se.

Charles A. Graddick, Atty. Gen., and J. Elizabeth Kellum, Asst. Atty. Gen., for appellee.


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

The 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).

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

REVERSED AND REMANDED.

All Judges concur.



Summaries of

Jackson v. State

Court of Criminal Appeals of Alabama
Oct 28, 1986
497 So. 2d 618 (Ala. Crim. App. 1986)
Case details for

Jackson v. State

Case Details

Full title:Wallace JACKSON v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Oct 28, 1986

Citations

497 So. 2d 618 (Ala. Crim. App. 1986)

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