Neelley v. Walker

173 F. Supp. 3d 1257, 2016 U.S. Dist. LEXIS 39235, 2016 WL 1171905
CourtDistrict Court, M.D. Alabama
DecidedMarch 25, 2016
DocketCASE NO. 2:14-CV-269-WKW
StatusPublished
Cited by1 cases

This text of 173 F. Supp. 3d 1257 (Neelley v. Walker) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Neelley v. Walker, 173 F. Supp. 3d 1257, 2016 U.S. Dist. LEXIS 39235, 2016 WL 1171905 (M.D. Ala. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

W. Keith Watkins, CHIEF UNITED STATES DISTRICT JUDGE

This case challenges the constitutionality of an Alabama law affecting parole eligibility for certain inmates. No State shall, under Article I, Section Ten of the United States Constitution, pass any bill of attainder or ex post facto law. U.S. Const, art. I, § 10, cl. 1. To attack a state statute on these grounds, a challenger must bring suit within the temporal limitations period ascribed to her cause of action. And time, like the tide, waits for no one.1

• Before the court is Defendants’ Motion for Summary Judgment (Doc. # 41), which has been fully briefed. Upon consideration of the evidence, the arguments of counsel, and the relevant law, the motion is due to be-granted.

I. JURISDICTION AND VENUE

Subject-matter jurisdiction is exercised pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3). The parties do not contest personal jurisdiction or venue.

II. STANDARD OF REVIEW

To succeed on a motion for summary judgment, the moving party must demonstrate “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The evidence and the inferences from that evidence must' be viewed in the light most favorable to the nonmoving party. Jean-Baptiste v. Gutierrez, 627 F.3d 816, 820 (11th Cir.2010).

On a motion for summary judgment, the moving party “always bears the initial responsibility of informing the district court of the basis for its motion.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). This responsibility includes identifying the portions of the record illustrating the absence of a genuine dispute of material fact. Id. If the moving party does not bear the trial burden of production, it may assert, without citing the record, that the nonmoving party “cannot produce admissible evidence to support” a material fact. Fed. R. Civ. P. 56(c)(1)(B); see also Fed. R. Civ. P. 56 advisory committee’s note (“Subdivision (c)(1)(B) recognizes that a party need not always point to specific record materials.... [A] party who does not have the trial burden of production may rely on a [1260]*1260showing that a party who does have the trial burden cannot produce admissible evidence to carry its burden as to/the fact.’’). If the moving party meets its burden,- the burden shifts to the nonmoving party, to establish — with evidence beyond the pleadings — that a genuine dispute of material fact exists as to each of its claims for relief. Celotex, 477 U.S. at 324, 106 S.Ct. 2548. A genuine dispute of material fact exists when the nonmoving party produces evidence allowing a reasonable fact finder to return a verdict in its favor. Waddell v. Valley Forge Dental Assocs., 276 F.3d 1275, 1279 (11th Cir.2001).

III. BACKGROUND

The events giving rise to this case have been in motion since 1982. The facts will be recounted as they relate to Plaintiffs conviction, the commutation of her sentence, the, state legislature’s; response to the commutation, and other events leading up to the filing of the instant lawsuit. The procedural history will also, be briefly discussed.

A. Facts

In September of 1982, Judith Neelley (“Neelley”) abducted and murdered a teenage girl.2 The State of Alabama charged Neelley with capital murder, and' a jury found her guilty of the offense. Neelley v. State, 494 So.2d 669, 670 (Ala.Crim.App.1985), The jury recommended life imprisonment without parole, but the court sentenced Neelley to death. Id. Neelley exhausted all state and federal remedies for challenging her conviction and senteñcé. See Neelley v. Nagle, 138 F.3d 917, 920-21 (11th Cir.1998) (explaining the results of Neelley’s direct and collateral attacks). She is currently .in custody at Tutwiler Prison for Women (“Tutwiler”) in Wet-umpka, Alabama. (Doc. # 13, at 3.)

In January of 1999, Governor Fob James (“James”) commuted Neelley’s death sentence to a sentence of life imprisonment.3 (Commutation Letter, Doc. # 42-1, at 1.) In the commutation letter, James did not indicate whether this life sentence would be with or without the possibility of parole. (See Commutation Letter, Doc. #42-1, at 1.) James later explained that, when he issued the commutation letter, he assumed Neelley would be ineligible for parole. (Post Article, Doc. # 42-4, at 5.) An Alabama statute in effect at that time provided that any person whose sentence was commuted to life imprisonment would not be eligible for parole until he or she served at least fifteen years of the life sentence. Ala. Code § 15-22-27(b) (1975) (amended by Act 2003-300). Alabama law also provided, however, that any person convicted of a capital offense shall be sentenced either to “life imprisonment without parole or to death.” Ala. Code §. 13A-5-39 (1975).

In the wake of James’s vague commutation letter, the Alabama Board of Pardons and Paroles (the “Parole Board”) sought the opinion of the Alabama Attorney General as to the commutation’s effect. (See Atty. Gen. Op., Doc. # 59-1, at 2.) The Parole Board wanted to know generally, in light of the statute providing that a person convicted of a capital offense can only be sentenced to life imprisonment without parole or death, Ala. Code § 13A-5-39 (1975), whéther the Governor’s commutation of a death sentence results in (1) a sentence of life imprisonment with the possibility of parole or (2) life imprisonment [1261]*1261without the possibility of parole. (Atty. Gen. Op., Doe. #59-1, at 2.)

In response to this request, the Attorney General opined that the Governor’s authority to commute a sentence to life with or without parole was not constrained by that particular statutory provision. (Atty. Gen. Op., Doc. # 59-1, at 8.) Because the Governor’s authority to commute a sentence derives from the state constitution, the Attorney General reasoned, the Governor is free to commute a death sentence to either life imprisonment with the possibility of parole or life imprisonment without the possibility of parole. (Atty. Gen. Op., Doc.

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Related

Judith A. Neelley v. Clifford Walker
677 F. App'x 532 (Eleventh Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
173 F. Supp. 3d 1257, 2016 U.S. Dist. LEXIS 39235, 2016 WL 1171905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neelley-v-walker-almd-2016.