From Casetext: Smarter Legal Research

James v. Bd. of Pardons and Paroles

Court of Civil Appeals of Alabama
Jan 8, 1993
617 So. 2d 277 (Ala. Civ. App. 1993)

Opinion

2910630.

December 11, 1992. Rehearing Denied January 8, 1993.

Appeal from the Circuit Court, Montgomery County, Joseph D. Phelps, J.

Walter S. James, pro se.

No brief for appellee.


Walter S. James was denied parole by the Alabama Board of Pardons and Paroles (Board). James filed a "notice of appeal" of the Board's decision in the Montgomery County Circuit Court. The trial court found that there was no statutory provision for appealing the denial of parole and dismissed the appeal. James appeals to this court.

It is well settled that "[t]he right to appeal is purely statutory, and an appeal taken without statutory authority must be dismissed for want of jurisdiction." Wheat v. Ramsey, 284 Ala. 295, 301, 224 So.2d 649, 654 (1969). The legislature determines the right to appeal to state courts. Wheat. Our legislature has yet to enact any statutory provision permitting an appeal from a decision of the Board denying an inmate a parole from prison.

This court, being without jurisdiction, must dismiss this appeal.

APPEAL DISMISSED.

THIGPEN and RUSSELL, JJ., concur.


Summaries of

James v. Bd. of Pardons and Paroles

Court of Civil Appeals of Alabama
Jan 8, 1993
617 So. 2d 277 (Ala. Civ. App. 1993)
Case details for

James v. Bd. of Pardons and Paroles

Case Details

Full title:Walter S. JAMES v. ALABAMA BOARD OF PARDONS AND PAROLES

Court:Court of Civil Appeals of Alabama

Date published: Jan 8, 1993

Citations

617 So. 2d 277 (Ala. Civ. App. 1993)

Citing Cases

Bell v. State

" Wheat v. Ramsey, 284 Ala. 295, 301, 224 So.2d 649, 654 (1969). See also James v. Alabama Bd. of Pardons &…