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Miller v. State

Court of Criminal Appeals of Alabama
Nov 25, 1992
611 So. 2d 1198 (Ala. Crim. App. 1992)

Opinion

CR-91-570.

November 25, 1992.

Appeal from Greene Circuit Court; Claude Neilson, Judge.

William Miller, pro se.

James H. Evans, Atty. Gen., for appellee.


DISMISSED BY UNPUBLISHED MEMORANDUM.

BOWEN, J., McMILLAN and MONTIEL, JJ., concur.

TAYLOR, J., dissents with opinion.


I dissent from the majority's dismissal of the appeal. The trial court found the appellant indigent on February 26, 1992. Not only was this finding implicit in the fact that the court ordered the preparation of a free transcript, but also explicit in that the court made a specific finding of indigency. If the appellant is not indigent, then the court unjustifiably and acting ultra vires expended public money to pay for the transcript. If the appellant is indigent, then he is entitled to appointed counsel. A direct appeal to this court is a constitutional right. I would remand for the appointment of counsel.


Summaries of

Miller v. State

Court of Criminal Appeals of Alabama
Nov 25, 1992
611 So. 2d 1198 (Ala. Crim. App. 1992)
Case details for

Miller v. State

Case Details

Full title:William MILLER v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Nov 25, 1992

Citations

611 So. 2d 1198 (Ala. Crim. App. 1992)