Martin v. State
Martin v. State
Opinion
Ellie Martin appeals from the summary dismissal of his pro se petition for writ of habeas corpus challenging the revocation of two years good time. His petition was dismissed upon motion of the State. Although the State's motion to dismiss failed to allege any grounds which would support the dismissal of Martin's petition, a dismissal was warranted because the petition was not properly verified. Barnhill v. State,
The record does not contain a copy of the Disciplinary Report. The only copy of this report is found as an exhibit attached to the Appellant's pro se brief. Exhibits attached to the briefs of the parties are not part of the record and cannot be considered by appellate courts. Cooper Transfer Co., Inc. v.Alabama Public Service Commission,
This Court is well aware that the appellate courts of this state have repeatedly *Page 802
held that we are bound by the contents of the record before us.E.g. Butler v. State,
"In closed session and on secret ballot the board finds inmate Martin guilty as charged. This decision was based on the statement of the arresting officer and the amount of time involved. Inmate Martin did not have permission from the Director to leave his authorized sponsor and residence."
This statement is essentially the same as those in Barnhill andBarker, supra, and does not meet the requirements of Wolff. See also Washington v. State,
The judgment of the circuit court dismissing Martin's petition is affirmed.
AFFIRMED.
All Judges concur. *Page 1217
Reference
- Full Case Name
- Ellie Martin v. State.
- Cited By
- 6 cases
- Status
- Published