Cook v. Bentley
Supreme Court of Alabama
1DissentMurdock, Justice
Because I believe original appellate jurisdiction over this matter lies with the Court of Criminal Appeals, I respectfully dissent.
Curtis J. Cook, Jr., and Joe Daniel Holt, Jr. (sometimes hereinafter referred to collectively as “the petitioners”), seek an actual release from prison. This, in my view, makes all the difference. It makes their claims quite different than a claim merely for money damages to compensate for the conditions of their past confinement or for equitable relief to alter the conditions of their future confinement. Review of an action seeking an actual physical release from…
2Cases cited20 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Wilson v. GarciaSupreme Court of the United States · 1985
- Wilkinson v. DotsonSupreme Court of the United States · 2005
- Price v. JohnstonSupreme Court of the United States · 1948
- Brown v. PlataSupreme Court of the United States · 2011
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