Shelly v. Alabama Department of Corrections

I disagree with the majority’s conclusion that Shelly is eligible to be classified as a “Class I Prisoner” under § 14-9-41 (e), Ala.Code 1975. Specifically, I believe that Shelly’s conviction for manslaughter, see § 13A-6-3, Ala.Code 1975, bars him from being eligible to receive Class I incentive-time deduction (hereinafter “good-time credit”) under § 14-9-41(e), Ala.Code 1975. Therefore, I respectfully dissent.

Initially, I note that:

“ ‘The fundamental rule of statutory construction is that this Court is to ascertain and effectuate the legislative intent as expressed in the statute. League of…