Hoppins v. State

This is an appeal from the dismissal of two petitions for writ of habeas corpus.

The circuit court granted the State's motion to dismiss on the grounds that petitioner failed to comply with the terms of Alabama Code Section 12-19-70 (1975). That section provides there "shall be a consolidated civil filing fee, known as a docket fee, collected from a plaintiff at the time a complaint is filed in circuit court or in district court." This fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship.…