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Buse v. State

Supreme Court of Alabama
Aug 25, 1989
549 So. 2d 1344 (Ala. 1989)

Opinion

88-1302.

August 25, 1989.

Petition for Writ of Certiorari to the Court of Criminal Appeals.

Thomas B. Prickett II, Oneonta, for petitioner.

Don Siegelman, Atty. Gen., and Joseph G.L. Marston III, Asst. Atty. Gen., for respondent.


In denying the writ, we point out that writs of certiorari are frequently denied without any consideration of the merits. Haden v. Olan Mills, Inc., 273 Ala. 129, 135 So.2d 388 (1961). A denial of certiorari should never be considered as an expression by the reviewing court on the merits of the controversy. See Hamilton Brown Shoe Co. v. Wolf Brothers, 240 U.S. 251, 36 S.Ct. 269, 60 L.Ed. 629 (1916).

WRIT DENIED.

HORNSBY, C.J., and ALMON, ADAMS and STEAGALL, JJ., concur.


Summaries of

Buse v. State

Supreme Court of Alabama
Aug 25, 1989
549 So. 2d 1344 (Ala. 1989)
Case details for

Buse v. State

Case Details

Full title:Ex parte Jimmy Carl BUSE. (Re Jimmy Carl Buse v. State)

Court:Supreme Court of Alabama

Date published: Aug 25, 1989

Citations

549 So. 2d 1344 (Ala. 1989)

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