From Casetext: Smarter Legal Research

Ex Parte Knox

Supreme Court of Alabama
Apr 6, 2001
796 So. 2d 321 (Ala. 2001)

Opinion

No. 1981772.

Released April 6, 2001.

Appeal from Tuscaloosa Circuit Court, CC-97-1468; Court of Criminal Appeals, CR-98-0162.

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

Bill Pryor, atty. gen., and Cedric B. Colvin, asst. atty. gen., for respondent.


On Application for Rehearing


The application for rehearing is granted. The opinion released on January 12, 2001, is withdrawn. The writ of certiorari is quashed as improvidently granted.

APPLICATION GRANTED; OPINION OF JANUARY 12, 2001, WITHDRAWN; WRIT OF CERTIORARI QUASHED.

Moore, C.J., and Houston, See, Lyons, Brown, Harwood, Woodall, and Stuart, JJ., concur.

Johnstone, J., dissents.


I respectfully dissent from the order granting the rehearing and quashing the writ as improvidently granted. Even if we assume that this defendant did not belong in drug court, we cannot correctly conclude that the judge, having admitted the defendant to drug court in return for the guilty plea, was not bound by the requirements of due process in revoking the sentencing deferment entailed by the drug court status.


Summaries of

Ex Parte Knox

Supreme Court of Alabama
Apr 6, 2001
796 So. 2d 321 (Ala. 2001)
Case details for

Ex Parte Knox

Case Details

Full title:Ex parte Robert James Knox. (In re: Robert James Knox v. State)

Court:Supreme Court of Alabama

Date published: Apr 6, 2001

Citations

796 So. 2d 321 (Ala. 2001)