Legal Opinion

Ex Parte Miller

Court of Criminal Appeals of Alabama

Decided April 1, 1975No. 2 Div. 143PublishedCited by 7 opinions

1Opinion of the Court

CATES, Presiding Judge.

This is an original petition asking us to order the Board of Corrections to credit the petitioner with four months spent in the Pickens County jail before his conviction in two felony cases wherein judgment was rendered March, 1972.

From the petition it appears that petitioner anticipates that he will not be considered by the Pardon and Parole Board for parole at as early a date as he might if the credit had appeared on the mittimuses from the sentencing court.

The offense (robbery) for which Miller says he is serving time carries a minimum sentence of ten years. Hence,…

2Cases cited3 opinions

  1. McNally v. HillSupreme Court of the United States · 1934
  2. Phillips v. StateAlabama Court of Appeals · 1960
  3. Magee v. StateAlabama Court of Appeals · 1963

3Cited by7 opinions

  1. Arthur Jackson, Jr. v. State of Alabama, Jasper Lee Cooks v. Circuit Court of Mobile CountyCourt of Appeals for the Fifth Circuit · 1976
  2. Aaron v. StateCourt of Criminal Appeals of Alabama · 1986
  3. McConico v. ALABAMA DEPT. OF CORRECTIONSCourt of Criminal Appeals of Alabama · 2004
  4. Austin v. ALABAMA DEPT. OF CORRECTIONSCourt of Criminal Appeals of Alabama · 2007
  5. Arthur Jackson, Jr. v. State of Alabama, Jasper Lee Cooks v. Circuit Court of Mobile CountyCourt of Appeals for the Fifth Circuit · 1976

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