Legal Opinion

Montgomery v. State

Court of Criminal Appeals of Alabama

Decided April 27, 2007No. CR-05-1560PublishedCited by 4 opinions

1Opinion of the Court

WELCH, Judge.

Marshall Montgomery, an inmate at El-more Correctional Facility in Elmore, Alabama, appeals from the circuit court’s dismissal of his petition for a writ of habeas corpus. Montgomery filed his petition against the State Department of Corrections (“DOC”), alleging that the DOC had miscalculated the expiration date of his sentence. Specifically, Montgomery contends that the DOC was not deducting all of his “jail credit,” as it had been ordered by the sentencing court.

The record shows that on April 15, 2002, the Jefferson Circuit Court imposed four 15-year prison sentences on…

2Cases cited13 opinions

  1. Theodore R. Allen v. E. P. Perini, SuperintendentCourt of Appeals for the Sixth Circuit · 1970
  2. Kenneth Henley v. Willie E. Johnson, WardenCourt of Appeals for the Eleventh Circuit · 1989
  3. Borders v. City of HuntsvilleSupreme Court of Alabama · 2003
  4. Thrameah Aziz v. E.S. Leferve and Robert AbramsCourt of Appeals for the Eleventh Circuit · 1987
  5. United States of America Ex Rel. Richard W. Mattox v. Herbert Scott, Warden, Illinois State Penitentiary, Joliet Branch,respondent-AppelleeCourt of Appeals for the Seventh Circuit · 1975

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Carroll v. Alabama Department of CorrectionsCourt of Criminal Appeals of Alabama · 2014
  2. Shelly v. Alabama Department of CorrectionsCourt of Criminal Appeals of Alabama · 2012
  3. Henry Neal Ferguson III v. Alabama Department of Corrections (Appeal from St. Clair Circuit Court: CV-23-16)Court of Criminal Appeals of Alabama · 2024
  4. Richard Brokenborough v. Alabama Department of Corrections (Appeal from Elmore Circuit Court: CC-24-35)Court of Criminal Appeals of Alabama · 2025

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