Burke v. City of Rainbow City
Burke v. City of Rainbow City
Opinion of the Court
The issue in this case is whether in a criminal prosecution the prosecuting authority must file a new complaint on the defendant’s appeal from the municipal court to the circuit court in order to confer jurisdiction upon the circuit court.
The defendant, Russell Burke, was convicted in the municipal court of Rainbow City of driving under the influence of alcohol.
At trial in the circuit court, Burke was again found guilty of driving under the influence. Burke appealed. The Court of Criminal Appeals held that a new complaint was necessary to confer jurisdiction upon the circuit court. Burke v. City of Rainbow City, 623 So.2d 346 (Ala.Cr.App. 1991). However, six months later, the Court of Criminal Appeals specifically overruled its holding in Burke. See Young v. City of Hokes Bluff, 611 So.2d 401 (Ala.Cr.App.), affirmed, Ex parte Young, 611 So.2d 414 (Ala. 1992).
Therefore, we reverse the judgment and remand this case on the authority of Ex parte Young.
REVERSED AND REMANDED.
Reference
- Full Case Name
- Ex Parte City of Rainbow City. (Re Russell Burke v. City of Rainbow City).
- Cited By
- 1 case
- Status
- Published