Greene v. Patterson, [Ms. SC-2023-0945, May 3, 2024] __ So. 3d __ (Ala. 2024). The Court (Sellers, J.; Wise, Mendheim, Stewart, and Cook, JJ., concur; Parker, C.J., and Shaw, J., concur in the result; Mitchell, J., dissents, which Bryan, J., joins) affirms the Mobile Circuit Court’s order granting Assistant District Attorney Nicki Patterson’s motion to dismiss Raymond Greene’s action, seeking relief from his 2015 criminal conviction pursuant to Rule 60(b), Ala. R. Civ. P.
In affirming, the Court explains that courts “‘may not interfere with the enforcement of criminal laws through a civil action.’” Ms. *6, quoting Tyson v. Macon Cnty. Greyhound Park, Inc., 43 So. 3d 587, 589 (Ala. 2010). The Court further notes that Rule 1, Ala. R. Civ. P. prevents Greene from using a rule of civil procedure to collaterally attack a criminal judgment and that Rule 32, Ala. R. Crim. P., provides the exclusive remedy for challenging a final judgment of conviction. Ms. *6.
Justice Mitchell’s dissent, joined by Justice Bryan, opines that based on § 12-3-9, Ala. Code 1975, Greene’s appeal should be transferred to the Court of Criminal Appeals, which has exclusive appellate jurisdiction over all post-conviction writs. Ms. **8-9.