Supreme Court of Alabama, 1996

Jenkins v. State

Jenkins v. State
Supreme Court of Alabama · Decided May 24, 1996 · Ingram, Hooper, Maddox, Shores, Kennedy, Cook, Butts, Almon, Houston
678 So. 2d 778; 1996 Ala. LEXIS 128; 1996 WL 276316 (Southern Reporter, Second Series)

Jenkins v. State

Opinion of the Court

INGRAM, Justice.

WRIT DENIED.

HOOPER, C.J., and MADDOX, SHORES, KENNEDY, COOK, and BUTTS, JJ., . concur. ALMON and HOUSTON, JJ., dissent.

Dissenting Opinion

HOUSTON, Justice

(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.

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