Russell v. State

BASCHAB, Judge.

The appellant, Julius Alfonzo Russell, Jr., filed a petition for a writ of habeas corpus, arguing that the Alabama Department of Corrections had incorrectly calculated the amount of credit he is entitled to receive for time spent in jail. He asserts that, although he has been given credit for 123 days spent in jail, he is entitled to an additional credit of 274 days. After the State responded, the circuit court summarily dismissed the petition. This appeal followed.

The appellant argues that the circuit court erred in dismissing his petition without conducting an evidentiary…