Legal Opinion · Dissent

Taunton v. State

Supreme Court of Alabama

Decided April 6, 1990No. 88-1422Published

1DissentMaddox, Justice

The question presented in this case seems simple enough — when a prisoner is seeking to receive credit on his sentence for the time he spent in jail awaiting trial, what kind of petition should he file and where should he file it? The Court of Criminal Appeals held that he could file a petition for writ of habeas corpus under the provisions of Ala.Code 1975, § 15-21-6, “addressed to the nearest circuit judge.” *616The State contends that the petition should have been filed “in the court of original jurisdiction” because the petitioner is claiming that the court of original jurisdiction imposed on…

2Cases cited4 opinions

  1. Boutwell v. StateCourt of Criminal Appeals of Alabama · 1986
  2. Taunton v. StateCourt of Criminal Appeals of Alabama · 1989
  3. Hardy v. StateCourt of Criminal Appeals of Alabama · 1988
  4. Smith v. StateCourt of Criminal Appeals of Alabama · 1987

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