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Supreme Court of Alabama, 2002

Allen v. State

Allen v. State
Supreme Court of Alabama · Decided November 1, 2002 · Brown, Harwood, Houston, Johnstone, Lyons, Moore, See, Stuart, Woodall
850 So. 2d 379; 2002 Ala. LEXIS 322; 2002 WL 31439754 (Southern Reporter, Second Series)

Allen v. State

Dissenting Opinion

JOHNSTONE, Justice

(dissenting).

While this petition for a writ of certiora-ri does not comply with Rule 39, Ala. R.App. P., Judge Cobb’s detailed dissent from the decision of the Court of Criminal Appeals, Allen v. State, 850 So.2d 375 (Ala.Crim.App. 2002) (Cobb, J., dissenting), supplies us with all of the facts and law necessary to a probably meritorious showing that the Court of Criminal Appeals has disregarded the caselaw requirements for constructive possession. Therefore, I would grant the petition to review the record on this issue.

Opinion of the Court

LYONS, Justice.

WRIT DENIED.

MOORE, C.J., and HOUSTON, SEE, BROWN, HARWOOD, WOODALL, and STUART, JJ., concur. JOHNSTONE, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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