Brown v. State

Supreme Court of Alabama
Brown v. State, 314 So. 2d 721 (Ala. 1975)
294 Ala. 241; 1975 Ala. LEXIS 1179
Maddox, Heflin, Merrill, Jones, Shores

Brown v. State

Opinion

MADDOX, Justice.

Writ denied.

*242 By denying the writ, we point out that writs of certiorari are frequently denied without any consideration of the merits. Haden v. Olan Mills, Inc., 273 Ala. 129, 135 So.2d 388 (1961). A denial of certiorari should never be considered as an expression by the reviewing court on the merits of the controversy. See Hamilton Brown Shoe Co. v. Wolf Brothers, 240 U.S. 251, 36 S.Ct. 269, 60 L.Ed. 629 (1916). Our denial of the writ should not be understood as approving or disapproving the language used, or the statements of law contained in the opinion of the Court of Criminal Appeals. See Cooper v. State, 287 Ala. 728, 252 So.2d 108 (1971).

HEFLIN, C. J., and MERRILL, JONES and SHORES, JJ., concur.

Reference

Full Case Name
In Re Charles Brown v. State of Alabama. Ex Parte Charles Brown.
Cited By
7 cases
Status
Published