Benjamin v. State

Court of Criminal Appeals of Alabama

Benjamin v. State

620 So. 2d 736, 1993 Ala. Crim. App. LEXIS 395, 1993 WL 143848

CourtCourt of Criminal Appeals of Alabama

DecidedMay 7, 1993

DocketCR-90-1637

StatusPublished

This text of 620 So. 2d 736 (Benjamin v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benjamin v. State, 620 So. 2d 736, 1993 Ala. Crim. App. LEXIS 395, 1993 WL 143848 (Ala. Ct. App. 1993).

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Opinion

ON RETURN TO REMAND

PATTERSON, Judge.

We remanded this case to the trial court on July 24, 1992, 620 So.2d 734, with instructions for that court to require the state to specifically answer the allegations in the petition for a writ of habeas corpus and thereafter to reconsider the petition and to make specific findings. A return to our remand was filed on April 1, 1993, which shows that, upon the state’s failure to answer the allegations as ordered, the trial court granted the appellant’s petition and ordered the disciplinary proceeding number 91-0411, the subject of the habeas corpus petition, removed from the appellant’s file and all liberty interests lost as a result of the disciplinary restored. The relief requested in the petition having been granted, this appeal has become moot and is due to be, and it is hereby, dismissed.

DISMISSED.

All Judges concur.

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ON RETURN TO REMAND

PATTERSON, Judge.

We remanded this case to the trial court on July 24, 1992, 620 So.2d 734, with instructions for that court to require the state to specifically answer the allegations in the petition for a writ of habeas corpus and thereafter to reconsider the petition and to make specific findings. A return to our remand was filed on April 1, 1993, which shows that, upon the state’s failure to answer the allegations as ordered, the trial court granted the appellant’s petition and ordered the disciplinary proceeding number 91-0411, the subject of the habeas corpus petition, removed from the appellant’s file and all liberty interests lost as a result of the disciplinary restored. The relief requested in the petition having been granted, this appeal has become moot and is due to be, and it is hereby, dismissed.

DISMISSED.

All Judges concur.

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Bluebook (online)

620 So. 2d 736, 1993 Ala. Crim. App. LEXIS 395, 1993 WL 143848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benjamin-v-state-alacrimapp-1993.

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