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Ex Parte State

Supreme Court of Alabama
Oct 26, 2001
816 So. 2d 508 (Ala. 2001)

Opinion

No. 1001021.

Decided October 26, 2001.

Appeal from Jefferson Circuit Court, (CC-99-1903); Court of Criminal Appeals, (CR-99-0231).

Bill Pryor, atty. gen., and Kristi Deason, asst. atty. gen., for petitioner.

Glenn L. Davidson of Collins, Davidson, L.L.C., Mobile, for respondent.


The writ of certiorari is quashed.

In quashing the writ, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973). Specifically, we note that a pertinent fact, not clearly stated in the Court of Criminal Appeals' opinion, is that Madison timely and adequately objected to the failure of the trial court to charge the jury on the presumption of innocence; his objection was overruled. See Rule 21.3, Ala.R.Crim.P.; and United States v. Dilg, 700 F.2d 620, 624 (11th Cir. 1983) ("A long-standing principle of federal jurisprudence is that a total failure to charge on the presumption of innocence accompanied by a defendant's objection to such a failure requires reversal of a conviction and remand for a new trial without further inquiry." (emphasis supplied)).

WRIT QUASHED.

Moore, C.J., and See, Brown, and Harwood, JJ., concur.


Summaries of

Ex Parte State

Supreme Court of Alabama
Oct 26, 2001
816 So. 2d 508 (Ala. 2001)
Case details for

Ex Parte State

Case Details

Full title:Ex parte State of Alabama. (In re: Christopher Eli Madison v. State)

Court:Supreme Court of Alabama

Date published: Oct 26, 2001

Citations

816 So. 2d 508 (Ala. 2001)