Opinion

Luckie v. State

  • 502 So. 2d 870
  • 1986 Ala. Crim. App. LEXIS 7347
Court
Court of Criminal Appeals of Alabama
Filed
Dec 11, 1986
Status
Published
Author
Patterson
On the bench
Patterson
Cited by
2 cases

"The writ cannot be bound down by technical pleading, nor its swift and effective relief hindered by cautious objection or finespun theories of procedure."

How later courts described this case

  • "The writ cannot be bound down by technical pleading, nor its swift and effective relief hindered by cautious objection or finespun theories of procedure."

Written by the judges who cited it.

The opinion

This case was remanded with instructions to the trial court for further proceedings. *Page 873

The trial court has complied with our instructions and filed a copy of its final decree with this court, which we consider as a return to remand.

In compliance with our order, the trial court held a hearing on January 6, 1987. As a result of the State's failure to explain its disregard for the trial court's order, the court declared the action of the prison disciplinary committee of December 5, 1985, to be null and void. Upon its finding that appellant was being illegally restrained of his liberty and entitled to release, the trial court granted the writ of habeas corpus prayed for, and ordered appellant's immediate discharge.

The relief sought by appellant in his petition having been granted, the matters raised in this appeal have become moot. Accordingly, this appeal is due to be dismissed.

DISMISSED.

All Judges 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.

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