Ex Parte Hilsabeck

We granted certiorari in this case in order to determine whether Act 80-446 (now codified at Code 1975, § 14-9-41), is violative of either the Alabama Constitution or the United States Constitution.

The salient facts are as follows:

Petitioner Michael Hilsabeck was convicted of robbery in the first degree and rape, and was sentenced to serve two concurrent fifteen-year sentences. Hilsabeck filed a petition for a writ of habeas corpus challenging the validity of Act 80-446, which denied him the benefit of correctional incentive time, commonly known as "good time." The trial court denied…