Opinion

Beavers v. State

  • 666 So. 2d 868
  • 1995 WL 358913
Court
Court of Criminal Appeals of Alabama
Filed
Jun 16, 1995
Status
Published
Author
Taylor
On the bench
Cobb, Taylor
Cited by
4 cases
Authority
More cited than 15.1%

wherein this Court distinguished between banishment as a condition of release to parole and the unlawful imposition of a sentence of banishment

How later courts described this case

  • wherein this Court distinguished between banishment as a condition of release to parole and the unlawful imposition of a sentence of banishment

Written by the judges who cited it.

The opinion

I dissent from the majority's holding that the Alabama Board of Pardons and Paroles can effectively banish a person as a condition of his parole and that such banishment does not violate the Constitution. Article I, § 30, Alabama Constitution of 1901, states, in pertinent part: "That immigration shall be encouraged; emigration shall not be prohibited, and no citizen shall be exiled. "

The majority correctly notes a judge cannot make a sentence of banishment a condition of probation. Brown v. State , 660 So.2d 235 (Ala.Cr.App. 1995). However, the majority attempts to draw a legitimate distinction between a judge's setting a sentence of banishment as a condition of probation and the Board of Pardons and Paroles setting such a condition to parole. This reasoning is flawed. Is the Board of Pardons and Paroles above the Alabama Constitution and the law? The Alabama Constitution applies equally to all persons, including members of a parole board and judges. "What's sauce for the goose is sauce for the gander." I dissent from the majority's holding that the appellant's banishment as a condition of his parole was lawful. *Page 874

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.