10 Alabama opinions name it 3 courts 2003–2013 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ex Parte Boykinsgreen2 sentences2009Although Ex parte Boykins, 862 So.2d 587, 593 (Ala.2002), suggests that the inmate may remedy DOC’s error by petitioning for a writ of certiorari in a court of competent jurisdiction, it suffices to say here that such a petition has yet to be filed. 2005The Alabama Supreme Court's decision in Ex parte Boykins, 862 So.2d 587 (Ala. 2002), held that the DOC inmate classifications did not implicate a liberty interest; therefore, the proper method by which to obtain review of the DOC's decision on inmate classification was by writ of certiorari. | 1 | 2 |
Alabama Department of Corrections v. Merrittgreen1 sentence2013Section 14-8-6 provides that ‘[i]n no event shall the withheld earnings exceed 40 percent of the earnings of the inmate.’ Thus, we con- elude that DOC may not withhold more than 40% of a work-release inmate’s wages.” 74 So.3d at 15-16 (emphasis omitted; emphasis added), rev’d on other grounds, Ex parte Alabama Dep’t of Corr., 74 So.3d 25 (Ala.2011). 12 See also State v. Coleman, 175 Wash.App. 1024 (2013) (not reported in P.3d) (referring to an inmate’s “confinement on work release”); Hale v. State, 992 N.E.2d 848, 859 (Ind.Ct.App.2013) (referring to an inmate’s “two-year term of confinement in | 1 | 1 |
Derek Hale v. State of Indianagreen1 sentence2013Section 14-8-6 provides that ‘[i]n no event shall the withheld earnings exceed 40 percent of the earnings of the inmate.’ Thus, we con- elude that DOC may not withhold more than 40% of a work-release inmate’s wages.” 74 So.3d at 15-16 (emphasis omitted; emphasis added), rev’d on other grounds, Ex parte Alabama Dep’t of Corr., 74 So.3d 25 (Ala.2011). 12 See also State v. Coleman, 175 Wash.App. 1024 (2013) (not reported in P.3d) (referring to an inmate’s “confinement on work release”); Hale v. State, 992 N.E.2d 848, 859 (Ind.Ct.App.2013) (referring to an inmate’s “two-year term of confinement in | 1 | 1 |
Ex Parte Cranmangreen2 sentences2006Neither the complaint nor the certified question includes any allegation that the DOC or any of the DOC defendants acted "willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law." Ex parte Cranman , 792 So.2d 392 , 405 (Ala. 2000). 2006Neither the complaint nor the certified question includes any allegation that the DOC or any of the DOC defendants acted "willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law." Ex parte Cranman, 792 So.2d 392, 405 (Ala.2000). | 1 | 1 |
Alabama Dept. of Corrections v. Thompsongreen2 sentences2006See Alabama Dep't of Corr. v. Thompson , 855 So.2d 1016 , 1021 (Ala. 2003). 3 *Page 539 The certified question does not indicate whether the plaintiff has sued the DOC defendants in their official or individual capacities. 2006See Alabama Dep't of Corr. v. Thompson, 855 So.2d 1016, 1021 (Ala. 2003). [3] *539 The certified question does not indicate whether the plaintiff has sued the DOC defendants in their official or individual capacities. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wolff v. McDonnell
green
2 sentences2010On appeal, Bryant restates his argument that he was denied the minimum due-process requirements established in Wolff v. McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974), when the hearing officer made a decision based solely on hearsay testimony. 2010On appeal, Bryant restates his argument that he was denied the minimum due-process requirements established in Wolff v. McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974), when the hearing officer made a decision based solely on hearsay testimony. | 2 | 2003–2010 |
State v. Coleman
neutral
1 sentence2013Section 14-8-6 provides that ‘[i]n no event shall the withheld earnings exceed 40 percent of the earnings of the inmate.’ Thus, we con- elude that DOC may not withhold more than 40% of a work-release inmate’s wages.” 74 So.3d at 15-16 (emphasis omitted; emphasis added), rev’d on other grounds, Ex parte Alabama Dep’t of Corr., 74 So.3d 25 (Ala.2011). 12 See also State v. Coleman, 175 Wash.App. 1024 (2013) (not reported in P.3d) (referring to an inmate’s “confinement on work release”); Hale v. State, 992 N.E.2d 848, 859 (Ind.Ct.App.2013) (referring to an inmate’s “two-year term of confinement in | 1 | 2013–2013 |
Ex Parte Alabama Department of Corrections, 1100129 (Ala. 5-13-2011)
green
1 sentence2013Section 14-8-6 provides that ‘[i]n no event shall the withheld earnings exceed 40 percent of the earnings of the inmate.’ Thus, we con- elude that DOC may not withhold more than 40% of a work-release inmate’s wages.” 74 So.3d at 15-16 (emphasis omitted; emphasis added), rev’d on other grounds, Ex parte Alabama Dep’t of Corr., 74 So.3d 25 (Ala.2011). 12 See also State v. Coleman, 175 Wash.App. 1024 (2013) (not reported in P.3d) (referring to an inmate’s “confinement on work release”); Hale v. State, 992 N.E.2d 848, 859 (Ind.Ct.App.2013) (referring to an inmate’s “two-year term of confinement in | 1 | 2013–2013 |
Ex Parte Uniroyal Tire Co.
green
2 sentences2010This would allow DOC’s exception to swallow the rule and would render the cap instituted by the Legislature meaningless, something that this court should be loathe to do in light of the principle of statutory construction that requires us to give “ ‘ “every word, sentence, or provision ... some force and effect.” ’ ” Ex parte Uniroyal Tire Co., 779 So.2d at 236 . 2010This would allow DOC's exception to swallow the rule and would render the cap instituted by the Legislature meaningless, something that this court should be loathe to do in light of the principle of statutory construction that requires us to give "`"every word, sentence, or provision ... some force and effect."'" Ex parte Uniroyal Tire Co., 779 So.2d at 236 . | 1 | 2010–2010 |
Ex Parte Seymour
green
1 sentence2010After this Court’s decision in Ex parte Ackles and the Court of Criminal Appeals’ decision in Smith , this Court, in Ex parte Seymour, 946 So.2d 536 (Ala.2006), held that a conviction based upon an indictment that omitted an element of offense was not void for lack of subject-matter jurisdiction. | 1 | 2010–2010 |
State v. Malone
neutral
1 sentence2007In State v. Malone, 654 So.2d 92 (Ala.Crim.App.1995), this Court reversed the trial court’s order denying the DOC’s motion to set aside the entry of a default judgment in favor of an inmate, even though the DOC had failed to make a timely return to the inmate’s petition for the writ of habeas corpus. | 1 | 2007–2007 |
Gollotte v. Peterbilt of Mobile, Inc.
green
2 sentences2003As explained in Gollotte , supra, 582 So.2d at 463 , a summary judgment entered in favor of one defendant in a two-defendant lawsuit, followed by a dispositive ruling in favor of the second defendant, is, under the circumstances involved in both Gollotte and this case, "in no way incorporated into, or a necessary element leading up to" the subsequent judgment in favor of the codefendant. 2003As explained in Gollotte , supra, 582 So.2d at 463 , a summary judgment entered in favor of one defendant in a two-defendant lawsuit, followed by a dispositive ruling in favor of the second defendant, is, under the circumstances involved in both Gollotte and this case, "in no way incorporated into, or a necessary element leading up to" the subsequent judgment in favor of the codefendant. | 1 | 2003–2003 |
Threadgill v. Birmingham Bd. of Ed.
green
2 sentences2003Veteto, Plaintiff v. Swanson Services Corp., et al., Defendants." Under the reasoning of Threadgill , *Page 764 supra, 407 So.2d at 132 , this oblique reference to the DOC defendants is not sufficient to put anyone on notice that the appeal was being taken as to them in addition to being taken from the two specific judgments referenced as the subjects of the appeal, which involved only Swanson. 2003Veteto, Plaintiff v. Swanson Services Corp., et al., Defendants." Under the reasoning of Threadgill , *Page 764 supra, 407 So.2d at 132 , this oblique reference to the DOC defendants is not sufficient to put anyone on notice that the appeal was being taken as to them in addition to being taken from the two specific judgments referenced as the subjects of the appeal, which involved only Swanson. | 1 | 2003–2003 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.