Opinion

Dukes v. State

576 So. 2d 683
1991 Ala. Crim. App. LEXIS 173
1991 WL 44550

Court: Court of Criminal Appeals of Alabama
Filed: Mar 1, 1991
Status: Published
Author: Bowen
On the bench: Tyson, Bowen
Cited by: 4 cases
Authority: More cited than 26.8%

The opinion

BOWEN, Judge,

concurring specially.

I concur in the holding of the majority that work release does not constitute a “liberty” interest entitling the inmate to a due process hearing in connection with the removal from work release. That is exactly what I argued in my dissent in Edwards v. State, 461 So.2d 39, 41 (Ala.Cr.App.1984).

To the extent that Edwards supports the incorrect proposition that work release does create a liberty interest, it must be overruled and not “overruled” as the majority indicates.

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