Supreme Court of Alabama, 1982

Ex Parte State, Ex Rel. Attorney General

Ex Parte State, Ex Rel. Attorney General
Supreme Court of Alabama · Decided February 5, 1982 · Faulkner, Jones, Shores, Embry, Beatty, Adams, Torbert, Maddox, Al-Mon
410 So. 2d 134; 1982 Ala. LEXIS 3018 (Southern Reporter, Second Series)
Ex Parte State, Ex Rel. Attorney General

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Opinion of the Court

FAULKNER, Justice.

Writ quashed as being improvidently granted.

JONES, SHORES, EMBRY, BEATTY and ADAMS, JJ., concur. TORBERT, C.J., and MADDOX and AL-MON, JJ., dissent.

Dissenting Opinion

MADDOX, Justice

(dissenting).

I respectfully dissent. In my opinion, Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319 and Baldasar v. Illinois, 446 U.S. 222, 100 S.Ct. 1585, 64 L.Ed.2d 169, are inapplicable to a revocation of probation proceeding because an uncounseled conviction is not invalid for all purposes. Cf. Lewis v. United States, 445 U.S. 55, 100 S.Ct. 915, 63 L.Ed.2d 198 (1980).

TORBERT, C. J., and ALMON, J., concur.

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