Ex Parte Subel

We granted our writ of certiorari in this case to determine whether Subel's rights were violated when he was denied his "good time" status for violation of rules regulating the Supervised Intensive Restitution ("SIR") program.

However, while this case was pending here, Subel escaped. He thereby abandoned his appeal and his petition for certiorari.Jett v. State, 46 Ala. App. 290, 241 So.2d 131 (1970), and Hallv. Alabama, 700 F.2d 1333 (11th Cir. 1983), cert. denied,464 U.S. 859, 104 S.Ct. 183, 78 L.Ed.2d 163 (1983).

The fact that Subel was subsequently recaptured does not alter the fact that his…