Patzka v. Hooks

I agree with the majority that although Frank Patzka’s petition is styled as a petition for a writ of habeas corpus, because the claim he is asserting does not implicate a liberty interest, Patzka’s petition is actually a common-law petition for a writ of certiorari.1 I also agree, albeit reluctantly, that this Court must transfer this case-back to the St. Clair Circuit Court for it to transfer Patzka’s petition to the Montgomery Circuit Court.

In G.W. v. Dale County Department of Human Resources, 939 So.2d 931 (Ala.Civ.App.2006), the Alabama Court of Civil Appeals explained:

“G.W. argues that…