Legal Opinion · Concurring in part, dissenting in part

Cook v. Bentley

Supreme Court of Alabama

Decided March 4, 2016No. 1140610 and 1140611Published

1Concurring in part, dissenting in partMoore, Chief Justice

I concur with the majority opinion insofar as it holds that appellate jurisdiction over actions filed by incarcerated inmates seeking release from prison pursuant to the Alabama Prisoner Litigation Reform Act, § 14-15-1 et seq., Ala.Code 1975 (“the APLRA”), lies with this Court, not with the Court of Civil Appeals or the Court of Criminal Appeals. I respectfully dissent from that part of the majority opinion that predicates its denial of the requested mandamus relief—namely, the issuance of writs directing the Elmore Circuit Court to grant in forma pauperis (“IFP”) status to inmates Curtis J.…

2Cases cited18 opinions

  1. Smith v. BennettSupreme Court of the United States · 1961
  2. Ex Parte BeaversSupreme Court of Alabama · 2000
  3. Lucas v. StateCourt of Criminal Appeals of Alabama · 1992
  4. Ex Parte Wyre, Jr., Cr-10-0773 (ala.crim.app. 5-27-2011)Court of Criminal Appeals of Alabama · 2011
  5. Ex Parte ColemanCourt of Criminal Appeals of Alabama · 1998

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