Jenkins v. State
Supreme Court of Alabama
Jenkins v. State, 678 So. 2d 778 (Ala. 1996)
1996 Ala. LEXIS 128; 1996 WL 276316
Ingram, Hooper, Maddox, Shores, Kennedy, Cook, Butts, Almon, Houston
Jenkins v. State
Opinion of the Court
WRIT DENIED.
Dissenting Opinion
(dissenting).
In my opinion, the form styled “Plea of Not Guilty and Waiver of Arraignment” used in Tuscaloosa County allowed the defendant to file a plea of former jeopardy at a later date, before the trial, in compliance with Rule 15.3(a)(1), Ala.R.Crim.P. Any other interpretation of that form would mislead a defendant to his prejudice. Therefore, I would hold that the plea was timely filed, and I would address the issue of double jeopardy head-on. To do this, it would be best to grant the petition so that we could hear from all sides on this important constitutional issue. I would issue the writ of certiorari; therefore, I dissent.
Reference
- Full Case Name
- Ex Parte Joseph Earl Jenkins. (Re Joseph Earl Jenkins v. State).
- Status
- Published