Supreme Court of Alabama, 1989

Buse v. State

Buse v. State
Supreme Court of Alabama · Decided August 25, 1989 · Maddox, Hornsby, Almon, Adams, Steagall
549 So. 2d 1344; 1989 Ala. LEXIS 568; 1989 WL 116491 (Southern Reporter, Second Series)

Buse v. State

Opinion of the Court

MADDOX, Justice.

In 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).

WRIT DENIED.

HORNSBY, C.J., and ALMON, ADAMS and STEAGALL, JJ., concur.

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