Skinner v. State

Supreme Court of Alabama August 30, 2002

Skinner v. State, 843 So. 2d 831 (Ala. 2002)

2002 Ala. LEXIS 258; 2002 WL 1998312

Brown, Harwood, Houston, Johnstone, Lyons, Moore, See, Stuart, Woodall

Opinion of the Court

STUART, Justice.

WRIT DENIED. NO OPINION.

HOUSTON, SEE, LYONS, BROWN, HARWOOD, and WOODALL, JJ., concur. MOORE, C.J., and JOHNSTONE, J., dissent.

Dissenting Opinion

JOHNSTONE, Justice

(dissenting).

I respectfully dissent from the denial of the petition for a writ of certiorari. In my opinion, we should grant the writ and review the decision by the Court of Criminal Appeals to the extent that it overrules Williams v. State, 665 So.2d 955 (Ala.Crim.App. 1994), and to the extent that it holds the omission of allegations of enhancement factors in an indictment not to be a jurisdictional bar to enhancement of a sentence.

Reference

Full Case Name: Ex parte Dee Cee SKINNER. (In re Dee Cee Skinner v. State of Alabama)
Status: Published