State v. Adams

Supreme Court of Alabama August 21, 1981

State v. Adams, 403 So. 2d 299 (Ala. 1981)

1981 Ala. LEXIS 3712

Torbert, Faulkner, Jones, Almon, Shores, Embry, Beatty, Maddox, Adams

Opinion of the Court

PER CURIAM.

WRIT DENIED. NO OPINION.

TORBERT, C. J., and FAULKNER, JONES, ALMON, SHORES, EMBRY and BEATTY, JJ., concur. MADDOX and ADAMS, JJ., dissent.

Dissenting Opinion

MADDOX, Justice

(dissenting).

I would grant the writ because I believe that the Court of Criminal Appeals, in denying mandamus, probably relied upon this Court’s original opinion in Ex parte Nice, [MS. February 18, 1981].

On rehearing, this Court withdrew the original opinion in that case and reached a different conclusion from that reached on original deliverance. Ex parte Nice, [MS. July 17, 1981],

Because I think that the Court of Criminal Appeals should review the original petition for mandamus in that court based upon the latest expression of our opinion in Ex parte Nice, I respectfully dissent.

Reference

Full Case Name: Ex Parte State of Alabama Ex Rel. Attorney General. (Re Ex Parte: State of Alabama Ex Rel. Charles A. Graddick, Attorney General. (Re State of Alabama v. Dorothy Sims Adams)).
Status: Published