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Owens v. State

39 So. 3d 1183 (Ala. Crim. App. 2009)
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Owens v. State

4 Citing cases

  1. Ex Parte Knight

    No. 1090540 (Ala. Jun. 17, 2011)

    We agree. In Owens v. State, 39 So. 3d 1183 (Ala. Crim. App. 2009), the Court of Criminal Appeals held that a standing order by the presiding circuit judge was sufficient to constitute a valid appointment of a circuit judge under § 13A-5-9.1 to hear a motion for sentence reconsideration.

  2. In re Adoption Petition K.G.S.

    1141274 (Ala. May. 27, 2016)

    We agree."In Owens v. State, 39 So. 3d 1183 (Ala. Crim. App. 2009), the Court of Criminal Appeals held that a standing order by the presiding circuit judge was sufficient to constitute a valid appointment of a circuit judge under § 13A-5-9.1 to hear a motion for sentence reconsideration.

  3. Ex parte K.R.

    210 So. 3d 1106 (Ala. 2016)   Cited 44 times
    Holding that, "even though mandamus petition [was] untimely filed, we will consider argument … because it concerns the jurisdiction of the probate court, of which we may take notice ex mero motu"

    We agree."In Owens v. State, 39 So.3d 1183 (Ala.Crim.App.2009), the Court of Criminal Appeals held that a standing order by the presiding circuit judge was sufficient to constitute a valid appointment of a circuit judge under § 13A–5–9.1 to hear a motion for sentence reconsideration.

  4. Bush v. State

    171 So. 3d 679 (Ala. Crim. App. 2014)   Cited 8 times
    Holding void any orders entered by a judge whose appointment is not valid as being entered by a judge who lacks authority to enter the orders

    This Court recognizes that the current customary practice in the 13th Judicial Circuit is often used in many circuits in this State; however, in many circuits, the presiding judge has issued a standing administrative order adopting that procedure. In Owens v. State, 39 So.3d 1183 (Ala.Crim.App.2009), this Court held that such a standing order by the presiding circuit judge was sufficient to constitute a valid appointment of a circuit judge under § 13A–5–9.1 to hear a Kirby motion.