Shelly v. Alabama Department of Corrections

JOINER, Judge.

Nathan Shelly appeals the summary denial of his petition for a writ of habeas corpus .challenging the calculation of his sentence by the Alabama Department of Corrections (“the Department”). For the reasons set forth below, we reverse.

In January 2009, Shelly was sentenced to 10 years’ imprisonment on a manslaughter conviction and placed in the custody of the Department. (C. 12.) As the Department recognized in its pleadings below, under § 14-9-41, Ala.Code 1975 (“the Act”), Shelly is generally “entitled to earn a deduction from the term of his sentence” because he is serving a…