Opinion

James v. Alabama Board of Pardons & Paroles

  • 617 So. 2d 277
  • 1992 Ala. Civ. App. LEXIS 571
  • 1992 WL 362102
Court
Court of Civil Appeals of Alabama
Filed
Dec 11, 1992
Status
Published
Author
Robertson
On the bench
Robertson, Thigpen, Russell
Cited by
1 cases
Authority
More cited than 54.0%

The opinion

ROBERTSON, Presiding Judge.

Walter S. James was denied parole by the Alabama Board of Pardons and Paroles (Board). James filed a “notice of appeal” of the Board’s decision in the Montgomery County Circuit Court. The trial court found that there was no statutory provision for appealing the denial of parole and dismissed the appeal. James appeals to this court.

It is well settled that “[t]he right to appeal is purely statutory, and an appeal *278 taken without statutory authority must be dismissed for want of jurisdiction.” Wheat v. Ramsey, 284 Ala. 295, 301 , 224 So.2d 649, 654 (1969). The legislature determines the right to appeal to state courts. Wheat . Our legislature has yet to enact any statutory provision permitting an appeal from a decision of the Board denying an inmate a parole from prison.

This court, being without jurisdiction, must dismiss this appeal.

APPEAL DISMISSED.

THIGPEN and RUSSELL, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.