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Ex Parte Alabama Alcoholic Beverage Control Board

Supreme Court of Alabama
Jun 7, 1996
678 So. 2d 140 (Ala. 1996)

Opinion

1950630.

June 7, 1996.

Petition for writ of Certiorari to the Court of Civil Appeals (St. Clair Circuit Court, CV-90-67; Court of Civil Appeals, 2940412); Robert E. Austin, Judge.

J. Dennis Bailey, Birmingham, for petitioner.

No brief filed for respondent.


WRIT DENIED.

HOOPER, C.J., and ALMON, SHORES, COOK, and BUTTS, JJ., concur.

MADDOX, HOUSTON, and KENNEDY, JJ., dissent.


I must respectfully dissent from the majority's decision to deny the Alabama Alcoholic Beverage Control Board's petition for writ of certiorari. The opinion of the Court of Civil Appeals is in direct conflict with this Court's opinion in Ex parte State of Alabama Alcoholic Bev. Control Bd., 654 So.2d 1149 (Ala. 1994), as well as the United States Supreme Court's opinion in United States v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487 (1989). I agree with the analysis set forth in the dissenting opinion of Judge Crawley. Furthermore, Judge Thigpen in his dissent correctly interpreted Ex parte State of Alabama Alcoholic Bev. Control Bd, supra. Therefore, I would grant certiorari review, and I would reverse the judgment of the Court of Civil Appeals, on the grounds set forth in those dissents.


Summaries of

Ex Parte Alabama Alcoholic Beverage Control Board

Supreme Court of Alabama
Jun 7, 1996
678 So. 2d 140 (Ala. 1996)
Case details for

Ex Parte Alabama Alcoholic Beverage Control Board

Case Details

Full title:Ex parte ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD. (Re Peggy Harris CRUMP…

Court:Supreme Court of Alabama

Date published: Jun 7, 1996

Citations

678 So. 2d 140 (Ala. 1996)

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