Pearsall v. State

564 So. 2d 1018, 1990 Ala. Crim. App. LEXIS 916, 1990 WL 120508
CourtCourt of Criminal Appeals of Alabama
DecidedJune 29, 1990
Docket5 Div. 540
StatusPublished

This text of 564 So. 2d 1018 (Pearsall 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
Pearsall v. State, 564 So. 2d 1018, 1990 Ala. Crim. App. LEXIS 916, 1990 WL 120508 (Ala. Ct. App. 1990).

Opinion

ON REMAND FROM THE ALABAMA SUPREME COURT

PATTERSON, Judge.

On May 11, 1990, the Alabama Supreme Court affirmed this court’s judgment in part, reversed in part, and remanded the case to us with instructions. 564 So.2d 1017. The Supreme Court affirmed this court’s ruling reversing the trial court’s judgment dismissing appellant’s petition; however, it reversed this court’s order directing that the trial court issue a writ of habeas corpus and ordering that all references to the disciplinary proceeding be expunged from the record. The Supreme Court ordered that we remand this case to the trial court for an evidentiary hearing to determine the circumstances surrounding termination of the petitioner from his work release job and the reasons for the disciplinary board’s failure to honor his request to require the presence of witness Alfred Smith at his disciplinary hearing.

Due return should be made of the proceedings conducted below.

[1019]*1019AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.

All Judges concur.

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Related

Pearsall v. State
564 So. 2d 1017 (Supreme Court of Alabama, 1990)

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Bluebook (online)
564 So. 2d 1018, 1990 Ala. Crim. App. LEXIS 916, 1990 WL 120508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearsall-v-state-alacrimapp-1990.