Melvin Ross Bush v. Alabama Department of Corrections
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REL: 11/02/07 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2007-2008 _________________________ 1051342 _________________________ Melvin Ross Bush v. Alabama Department of Corrections Appeal from St. Clair Circuit Court (CV-06-33) SEE, Justice. Melvin Ross Bush's appeal was originally filed with the Court of Civil Appeals. this Court on the That court transferred the appeal to basis that jurisdiction over Bush's appeal. it lacked subject-matter In an opinion released on 1051342 September 28, 2007, Collins v. Alabama Department of Corrections, [Ms. 1061637, September 28, 2007] ___ So. 2d ___ (Ala. 2007), this Court overruled Block v. Alabama Department of Corrections, 923 So. 2d 342 (Ala. Crim. App. 2005); Beck v. Alabama Board of Pardons & Paroles, 907 So. 2d 1096 (Ala. Crim. App. 2005); Jacobs v. Alabama Department of Corrections, 900 So. 2d 485 (Ala. Crim. App. 2004) ; Collins v. Alabama Department of Corrections, 911 So. 2d 739, 743 (Ala. Crim. App. 2004); McConico v. Alabama Department of Corrections, 893 So. 2d 577 (Ala. Crim. App. 2004); and Boykins v. State, 862 So. 2d 594 (Ala. Crim. App. 2003), to the extent that these cases hold that the Court of Criminal Appeals "'would have jurisdiction [Alabama to review Department of certiorari petitions Correction] actions challenging involving an inmate's conduct [while incarcerated], while the Court of Civil Appeals would have jurisdiction to review petitions challenging decisions based on factors other than the inmate's conduct [while incarcerated].'" Collins, ___ So. 2d at ___ (quoting McConico, 893 So. 2d at 581 n.5). We also held in Collins that the Court of Criminal Appeals has jurisdiction to review all certiorari petitions challenging actions by the 2 1051342 Department of Corrections, "regardless of when the relevant conduct of the inmate occurred." ___ So. 2d at ___. Based on our decision in Collins, we transfer Bush's appeal to the Court of Criminal Appeals. APPEAL TRANSFERRED. Woodall, Smith, Bolin, and Parker, JJ., concur. Cobb, C.J., and Murdock, J., recuse themselves. 3
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