Alabama Court of Criminal Appeals, 1991

Wright v. State

Alabama Court of Criminal Appeals · Decided November 27, 1991 · Bowen, McMillan, Patterson, Taylor

591 So. 2d 157; 1991 Ala. Crim. App. LEXIS 2653; 1991 WL 275063 (Southern Reporter, Second Series)

Dissenting Opinion

BOWEN, Judge,

dissenting.

I have previously taken the position that the removal of veniremembers on the basis of gender discrimination is prohibited under state law. Daniels v. State, 581 So.2d 536, 540-41 (Ala.Cr.App. 1991) (Bowen, J., concurring in part and dissenting in part), cert. denied, 581 So.2d 541 (Ala. 1991). I continue to adhere to that position, see Murphy v. State, [Ms. CR 90-648, October 11, 1991], 1991 WL 238101 (Ala.Cr.App. 1991), and therefore dissent from that part of the majority opinion1 that concludes otherwise. See also Ex parte Fisher, 587 So.2d 1039 (Ala. 1991) (Maddox, J., dissenting); Ex parte Dysart, 581 So.2d 545, 546-47 (Ala. 1991) (Maddox, J., dissenting).

. Reporter of Decisions’ note: The Court of Criminal Appeals released no opinion in this case. Three judges of the court affirmed the judgment of the circuit court by an unpublished “memorandum.”

Opinion of the Court

Appeal from Elmore Circuit Court, Steve Drinkard, Judge.

Affirmed by unpublished memorandum.

PATTERSON, P.J., and TAYLOR and McMILLAN, JJ., concur.

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