EX PARTE BURKS

84-602.

487 So.2d 905 (1985)

Ex Parte Paul BURKS. (Re Paul BURKS v. George PHYFER, Director of Department of Youth Services).

Supreme Court of Alabama.

As Modified on Denial of Rehearing February 28, 1986.


Attorney(s) appearing for the Case

Theodore L. Hall, Mobile, for petitioner.

Robert Childers of Turner, Wilson & Christian and William J. Samford II, Legal Counsel, Ala. Dept. of Youth Services, Montgomery, for respondent.

Charles A. Graddick, Atty. Gen., and Richard N. Meadow, Asst. Atty. Gen., amicus curiae.


ADAMS, Justice.

We granted the petition for writ of certiorari in this case to decide the following issue:

Does the amendment to Code 1975, § 36-26-27(a), effective July 28, 1983, which allows the State Personnel Board to impose discipline less severe than termination upon a state merit system employee, apply retroactively to the review of a Board determination to terminate a state employee if the review was pending before the circuit court at the effective...

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