Supreme Court of Alabama, 1981

State v. Adams

Supreme Court of Alabama · Decided August 21, 1981 · Torbert, Faulkner, Jones, Almon, Shores, Embry, Beatty, Maddox, Adams

403 So. 2d 299; 1981 Ala. LEXIS 3712 (Southern Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.