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Ex Parte Jenkins

Supreme Court of Alabama
May 24, 1996
678 So. 2d 778 (Ala. 1996)

Opinion

1950733.

May 24, 1996.

Petition for writ of certiorari to the Court of Criminal Appeals (Tuscaloosa Circuit Court, CC-94-992; CC-94-993; and CC-94-994; Court of Criminal Appeals, CR-94-1089); Thomas S. Wilson, Judge.

Gary L. Blume of Blume Blume, Tuscaloosa, for petitioner.

Jeff Sessions, Atty. Gen., for respondent.


WRIT DENIED.

HOOPER, C.J., and MADDOX, SHORES, KENNEDY, COOK, and BUTTS, JJ., concur.

ALMON and HOUSTON, JJ., dissent.


In my opinion, the form styled "Plea of Not Guilty and Waiver of Arraignment" used in Tuscaloosa County allowed the defendant to file a plea of former jeopardy at a later date, before the trial, in compliance with Rule 15.3(a)(1), Ala.R.Crim.P. Any other interpretation of that form would mislead a defendant to his prejudice. Therefore, I would hold that the plea was timely filed, and I would address the issue of double jeopardy head-on. To do this, it would be best to grant the petition so that we could hear from all sides on this important constitutional issue. I would issue the writ of certiorari; therefore, I dissent.


Summaries of

Ex Parte Jenkins

Supreme Court of Alabama
May 24, 1996
678 So. 2d 778 (Ala. 1996)
Case details for

Ex Parte Jenkins

Case Details

Full title:Ex parte Joseph Earl JENKINS. (Re Joseph Earl Jenkins v. State)

Court:Supreme Court of Alabama

Date published: May 24, 1996

Citations

678 So. 2d 778 (Ala. 1996)