State v. C.M.
State v. C.M.
Opinion of the Court
The petitioner, C.M.,
C.M. argues in his petition that the Act violates his constitutional rights; he says that the Act is an ex post facto law, that it violates his due process rights, and that it “negatively and unfairly impact[s][his] family.” He also requested that we direct the trial court to hold a full hearing on the issues raised in the petition.
On receipt of C.M.’s petition, we stayed enforcement of the Act temporarily, ordered the respondent to answer the allegations contained in the petition, and set the case for oral argument. After hearing oral argument, we directed Judge Storm to hold an evidentiary hearing and to make written findings of facts concerning the allegations raised in the petition.
Judge Storm has filed her written findings with this Court. Judge Storm found the Act to be unconstitutional as it applied to juveniles. Judge Storm held that the Act violated the ex post facto clause of the Federal Constitution in that a 1998 amendment to the Act (see Act No. 98-489, Ala.' Acts 1998) created a penalty that was not proscribed when C.M. was adjudicated delinquent in 1996. Judge Storm also determined that the Act was unconstitutionally vague as to its residency and notification requirements.
A review of the petition filed in this case and Judge Storm’s findings reflect that C.M. has received the relief he requested in his petition for the writ of mandamus. Judge Storm held that the Act as it applied to juveniles was unconstitutional as applied in this case, and there is therefore, no need to stay its enforcement. The petition is now moot.
As we stated in Ex parte C.D.M., 727 So.2d 897 (Ala.Cr.App. 1999), “We recognize the seriousness of the issues presented in this case and the widespread implications of Judge Storm’s holding. However, this Court has no authority to review the’ merits of Judge Storm’s ruling on the petition for the
For the foregoing reasons, this petition for a writ of mandamus is due to be dismissed.
PETITION DISMISSED.
. We are today also releasing an opinion in a case styled Ex parte C.D.M., 727 So.2d 897 (Ala.Cr.App. 1999). The youthful offender in that case is unrelated to C.M.
. This section states, in part, "All appeals under this chapter [Chapter 15, Juvenile Proceedings] shall take precedence over all other business of the court to which the appeal is taken.”
Reference
- Full Case Name
- Ex Parte C.M. (In Re: State of Alabama v. C.M.).
- Cited By
- 3 cases
- Status
- Published