Malloy v. State

Arthur Brennan Malloy appeals the circuit court's summary denial of what he styled as a petition for a writ of mandamus.

Malloy filed his petition on November 12, 2003. In his petition, Malloy alleged that he had been sentenced to life imprisonment without the possibility of parole under the Habitual Felony Offender Act ("the HFOA"); that he was a nonviolent offender with no prior Class A felony convictions; and that, therefore, pursuant to § 13A-5-9.1, Ala. Code 1975, making retroactive an amendment to the HFOA effective May 25, 2000, he was entitled to have his sentence reconsidered. Malloy…