Dandridge v. Statey

Full title: Beniah Alton DANDRIDGE v. STATE

Court: Court of Criminal Appeals of Alabama

Date published: Jun 26, 1998

716 So. 2d 1288 (Ala. Crim. App. 1998)

Opinion

CR-95-1418.

October 31, 1997. Rehearing Denied January 30, 1998. Certiorari Denied June 26, 1998 Alabama Supreme Court 1970880.

Appeal from Montgomery Circuit Court (CC-95-988); Sarah M. Greenhaw, Judge.

Julian McPhillips, Jr., and William Honey, Montgomery, for appellant.

Bill Pryor, atty. gen., and Margaret S. Childers, asst. atty. gen., for appellee.

LONG, Presiding Judge.

AFFIRMED BY MEMORANDUM. NO OPINION.

McMILLAN, COBB, and BROWN, JJ., concur.

BASCHAB, J., concurs with opinion.

BASCHAB, Judge, concurring specially.

While I agree with the majority that the testimony regarding Suddeth's statements against penal interest constitute inadmissible hearsay under Alabama law, I share the same concerns that Judge Cobb expressed in her special concurrence in Snyder v. State, 683 So.2d 45, 47-48 (Ala.Cr.App. 1996). I believe that the better rule is to allow these statements and corroborating evidence to be presented to the jury. I join with Judge Cobb in urging the Alabama Supreme Court to reexamine Alabama's present rule on statements against penal interest.