Alabama v. Byrd
Annotate this CaseA circuit court judge petitioned the Supreme Court for a writ of mandamus to direct the Court of Criminal Appeals to quash a writ of mandamus it issued to the circuit court through an unpublished order. Kevin Byrd pled guilty to first-degree assault. He was sentenced to 10 years’ imprisonment. That sentence was suspended, and Mr. Byrd was ordered to serve 180 days in “boot camp” followed by years on probation. The Mobile County District Attorney’s office began collecting unpaid restitution from Mr. Byrd. In 2007, the DA’s office requested a hearing for Mr. Byrd to show cause why he should not have been held in contempt for failing to pay restitution. The trial court held hearings in January and October 2008, and May and September 2010. In October 2010, Mr. Byrd petitioned the Court of Criminal Appeals for a writ of mandamus to direct the trial court to set aside all orders respecting restitution since December 2000, the date which Mr. Byrd said his probation expired. In February 2011, the court granted Mr. Byrd’s petition and issued the writ. In its unpublished decision, the court held that the trial court lacked jurisdiction over Mr. Byrd. Upon careful consideration of the trial court and appellate court records, the Supreme Court found that nothing in the state restitution act prevented the trial court from taking the action it took in this case. "The Court of Criminal Appeals erred in holding otherwise." Accordingly, the Court issued the writ of mandamus to quash its decision.
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