Supreme Court of Alabama

Ex Parte Curtis J. Cook, Jr. (in Re Curtis J. Cook, Jr. v. Governor Robert Bentley). ex Parte Joe Daniel Holt, Jr…

March 4, 2016202 So. 3d 316

Summary

The Alabama Supreme Court held that it, not the Court of Civil Appeals or the Court of Criminal Appeals, has jurisdiction over mandamus petitions filed under the Alabama Prisoner Litigation Reform Act and denied both petitioners' requests for in forma pauperis status, finding no abuse of discretion in the trial court's denials. The Court applied a de novo review of jurisdiction and an abuse‑of‑discretion standard to the IFP determinations. Justice Murdoch dissented, arguing the Court of Criminal Appeals has original jurisdiction, and Chief Justice Moore concurred in part but dissented from the majority’s reliance on the Wyre "look‑back" rule for IFP status.