Supreme Court of Alabama, 1985

Diaz v. State

Diaz v. State
Supreme Court of Alabama · Decided July 26, 1985 · Faulkner, Jones, Almon, Adams, Torbert
474 So. 2d 173; 1985 Ala. LEXIS 4055 (Southern Reporter, Second Series)

Diaz v. State

Opinion of the Court

PER CURIAM.

WRIT DENIED.

FAULKNER, JONES, ALMON, and ADAMS, JJ., concur. TORBERT, C.J., concurs specially.

Concurring Opinion

TORBERT, Chief Justice

(concurring specially).

I agree that the writ should be denied. However, I wish to point out that I do not agree with the Court of Criminal Appeals’ conclusion that the factual statement of the disciplinary court is ■ inadequate. I agree with the Court of Criminal Appeals’ conclusion, 474 So.2d 171, that petitioner was entitled to a hearing in circuit court on the merits of his allegations only because he was allegedly denied an opportunity to cross-examine witnesses at the disciplinary hearing.

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