Legal Opinion · Concurrence

Moore v. Alabama Department of Corrections

Court of Criminal Appeals of Alabama

Decided January 6, 2004No. CR-02-1977Published

1ConcurrenceCobb, Judge

I agree that the judgment in this case is due to be affirmed because the hearing officer’s decision, to order Sammy Earl Moore’s case to be reviewed to determine whether a more restricted custody status should be imposed did not deprive Moore of a liberty interest and, therefore, did not trigger the due process protections of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). I do not agree with the language in the majority’s memorandum that speculates that Moore’s removal from the Childersburg Community Work Center “could have been a temporary removal pending the outcome…

2Cases cited2 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Thomas v. StateCourt of Criminal Appeals of Alabama · 2003

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