From Casetext: Smarter Legal Research

Ex Parte McCullough

Supreme Court of Alabama
May 25, 1984
451 So. 2d 400 (Ala. 1984)

Opinion

83-670.

May 25, 1984.

Certiorari to the Court of Criminal Appeals (1 Div. 636).

Paul D. Brown, Mobile, for petitioner.

Charles A. Graddick, Atty. Gen., for respondent.


Petition for writ of certiorari is denied. Ala.Cr.App., 451 So.2d 398 In denying the writ, we are not to be understood as agreeing that the presumption of correctness rule stated in Norwood v. State, 424 So.2d 1351 (Ala.Cr.App. 1982), or the rule of statutory interpretation stated in Hamilton v. Autauga County, 289 Ala. 419, 268 So.2d 30 (1972), has any application in the instant context of a constitutional challenge. Nevertheless, we deny the writ on the authority of Missouri v. Hunter, 459 U.S. 359, 103 S.Ct. 673, 74 L.Ed.2d 535 (1983).

WRIT DENIED.

TORBERT, C.J., and MADDOX, JONES, SHORES and BEATTY, JJ., concur.


Summaries of

Ex Parte McCullough

Supreme Court of Alabama
May 25, 1984
451 So. 2d 400 (Ala. 1984)
Case details for

Ex Parte McCullough

Case Details

Full title:Ex parte James Ron McCULLOUGH. (In Re: James Ron McCullough v. State)

Court:Supreme Court of Alabama

Date published: May 25, 1984

Citations

451 So. 2d 400 (Ala. 1984)

Citing Cases

Wooden v. State

See Ex parte McCree, 554 So.2d 336 (Ala. 1988) (explaining enhancement of a sentence for use of a firearm or…

Sumpter v. State

1982), and § 13A-1-2, Code of Alabama 1975. The trial judge properly sentenced the appellants in this cause…