Summary
holding that a statute requiring a sex offender to provide "an actual address at which he or she will reside or live" was unconstitutional as applied to a homeless person; "for someone who does not have a fixed place where he or she lives continuously for some period and where mail can be received, it is impossible to comply with the statute"
Summary of this case from State v. LaFountainOpinion
1100191.
2012-02-24
Ex parte State of Alabama. (In re STATE of Alabama v. Thornal Lee ADAMS).
(Montgomery Circuit Court, CC–08–1514, Truman M. Hobbs, Jr., Judge; Court of Criminal Appeals, CR–08–1728). Troy King, atty. gen., and Beth Slate Poe, asst. atty. gen., for petitioner. Submitted on petitioner's brief only.
(Montgomery Circuit Court, CC–08–1514, Truman M. Hobbs, Jr., Judge; Court of Criminal Appeals, CR–08–1728).
Troy King, atty. gen., and Beth Slate Poe, asst. atty. gen., for petitioner. Submitted on petitioner's brief only.
Prior report: Ala.Crim.App., 91 So.3d 724. MURDOCK, Justice.
The petition for the writ of certiorari is denied.
In denying the petition for the writ of certiorari, 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).
WRIT DENIED. MALONE, C.J., and WOODALL, STUART, BOLIN, PARKER, and SHAW, JJ., concur.
MAIN and WISE, JJ., recuse
756 themselves.
Justice Main and Justice Wise were members of the Court of Criminal Appeals when that court considered this case. Justice Wise also recused herself from consideration of this case when it was before the Court of Criminal Appeals.