Charles David Merchant v. State of Alabama

Rel: December 16, 2022

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter.
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Alabama Court of Criminal Appeals
OCTOBER TERM, 2022-2023
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CR-21-0222
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Charles David Merchant

v.

State of Alabama

Appeal from Lamar Circuit Court
(CC-03-111.60)

COLE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

Windom, P.J., concurs. Minor, J., concurs in the result. Kellum, J.,

dissents, with opinion. McCool, J., recuses himself.
CR-21-0222

KELLUM, Judge, dissenting.

A petition for a writ of mandamus, not a Rule 32, Ala. R. Crim. P.,

petition for postconviction relief, is the proper avenue by which to

challenge a trial court's order directing the Alabama Department of

Corrections to withhold from an inmate's trust-fund account any and all

economic-impact payments received by the inmate pursuant to the

Coronavirus Aid, Relief, and Economic Security Act so that those funds

can be used to pay any restitution, fines, fees, or costs owed by the

inmate. See Ex parte Reno, [Ms. CR-20-0512, Feb. 11, 2022] ___ So. 3d

___ (Ala. Crim. App. 2022). Instead of affirming the circuit court's

judgment summarily dismissing Charles David Merchant's Rule 32

petition, I would treat this appeal as a petition for a writ of mandamus

and deny the petition. Therefore, I respectfully dissent.

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