Childers v. State
Childers v. State
Opinion of the Court
Childers appeals the summary dismissal of his pro se petition for writ of habeas corpus claiming that he is being illegally incarcerated in the West Jefferson Correctional Center, a branch of the Alabama prison system. The record reflects that he is serving a twenty-three year sentence for robbery and assault with intent to rob. He alleges that he has served more than his twnety-three year sentence, and that due to a miscalculation by the prison officials of the time served, he is being illegally detained. He claims that if he
“The verification at the foot of the plea, stating it to have been sworn to, and subscribed in open court, (as certified by the Clerk,) is certainly a sufficient compliance with the statute, which requires such pleas to be accompanied with an affidavit of their truth.
“The words ‘sworn to’ clearly refer to the plea, and must be taken to mean, that the testator declared on oath, the facts it set forth were true.”
The words “sworn to” at the foot of Childers’s petition must be taken to mean that he declared on oath that the allegations set forth in his petition were true, and we are of the opinion that this satisfied the requirements of verification in § 15-21-4.
The case of O’Such v. State, 423 So.2d 317 (Ala.Crim.App. 1982), relied upon by the Appellee to support its contention that the petition was not properly verified, is distinguishable from the instant case. In that case the petition was not notarized and there was no jurat of any kind.
The circuit court erred in summarily granting the State’s motion to dismiss.
Therefore, the trial court’s judgment dismissing Childers’s petition for writ of habe-as corpus is hereby set aside and vacated and this cause is remanded to the trial court for further proceedings consistent with this opinion.
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.