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REL: 11/02/07

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SUPREME COURT OF ALABAMA
OCTOBER TERM, 2007-2008 _________________________ 1051342 _________________________ Melvin Ross Bush v. Alabama Department of Corrections Appeal from St. Clair Circuit Court (CV-06-33) SEE, Justice. Melvin Ross Bush's appeal was originally filed with the Court of Civil Appeals. this Court on the That court transferred the appeal to that it lacked subject-matter

basis

jurisdiction over Bush's appeal.

In an opinion released on

1051342 September 28, 2007, Collins v. Alabama Department of

Corrections, [Ms. 1061637, September 28, 2007] ___ So. 2d ___ (Ala. 2007), this Court overruled Block v. Alabama Department of Corrections, 923 So. 2d 342 (Ala. Crim. App. 2005); Beck v. Alabama Board of Pardons & Paroles, 907 So. 2d 1096 (Ala. Crim. App. 2005); Jacobs v. Alabama Department of Corrections, 900 So. 2d 485 (Ala. Crim. App. 2004) ; Collins v. Alabama

Department of Corrections, 911 So. 2d 739, 743 (Ala. Crim. App. 2004); McConico v. Alabama Department of Corrections, 893 So. 2d 577 (Ala. Crim. App. 2004); and Boykins v. State, 862 So. 2d 594 (Ala. Crim. App. 2003), to the extent that these
cases hold that the Court of Criminal Appeals "'would have jurisdiction [Alabama to review of certiorari Correction] petitions actions challenging involving an

Department

inmate's conduct [while incarcerated], while the Court of Civil Appeals would have jurisdiction to review petitions challenging decisions based on factors other than the inmate's conduct [while incarcerated].'" Collins, ___ So. 2d at ___ We also held in

(quoting McConico, 893 So. 2d at 581 n.5).

Collins that the Court of Criminal Appeals has jurisdiction to review all certiorari petitions challenging actions by the

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1051342 Department of Corrections, "regardless of when the relevant conduct of the inmate occurred." ___ So. 2d at ___. Based on

our decision in Collins, we transfer Bush's appeal to the Court of Criminal Appeals. APPEAL TRANSFERRED. Woodall, Smith, Bolin, and Parker, JJ., concur. Cobb, C.J., and Murdock, J., recuse themselves.

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