Works v. State

Alabama Court of Criminal Appeals
Works v. State, 640 So. 2d 1056 (1993)
1993 Ala. Crim. App. LEXIS 1043; 1993 WL 306532
Bowen, McMillan, Montiel, Patterson, Taylor

Works v. State

Opinion of the Court

McMILLAN, Judge.

AFFIRMED. NO OPINION.

PATTERSON and MONTIEL, JJ., concur. BOWEN, P.J., and TAYLOR, J., dissent with opinion.

Dissenting Opinion

BOWEN, Presiding Judge,

dissenting.

I dissent from the majority’s holding in its unpublished memorandum that the appellant’s objection to the chain of custody was not specific and was too general to preserve the issue for appellate review. This was essentially the same argument rejected by a majority of the Supreme Court of Alabama in Ex parte Garrett, 608 So.2d 337, 338 n. 2 (Ala. 1992). Under that case, the objection in this ease was sufficient to preserve the issue for review.

Dissenting Opinion

TAYLOR, Judge,

dissenting.

I respectfully dissent from the majority’s holding in its unpublished memorandum. When defense counsel makes an objection based on the chain of custody, that objection is specific — not general. See Jennings v. State, 588 So.2d 540 (Ala.Cr.App. 1991). Defense counsel is not required to conduct an evidence class for the prosecution. Defense counsel should not have to direct his opponent’s mind to the correct law the way one would thrust a beagle’s nose on a rabbit trail.

Reference

Full Case Name
Danny Harlon WORKS v. STATE
Cited By
5 cases
Status
Published