Ex Parte Chandler

John Chandler, an inmate at the Bibb County Correctional Facility, petitions this Court for a writ of mandamus directing the Bibb Circuit Court to set aside its order dismissing Chandler's petition for a writ of habeas corpus and assessing against him the costs of that petition. We grant the mandamus petition and issue the writ.

I

In December 1988, Chandler was convicted in the Dallas Circuit Court of first-degree sodomy. See § 13A-6-63, Ala. Code 1975. In March 2004, while incarcerated in the Kilby Correctional Facility in Montgomery County, Chandler filed in the Montgomery Circuit Court a…