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Ex Parte Stubbs

Supreme Court of Alabama
Feb 12, 1988
522 So. 2d 322 (Ala. 1988)

Summary

adopting the dissenting opinion of Patterson, J., in Stubbs v. State, 522 So.2d 317, 322 (Ala.Cr.App. 1987)

Summary of this case from Kuenzel v. State

Opinion

86-975.

November 6, 1987. Rehearing Denied February 12, 1988.

Appeal from the Circuit Court, Calhoun County, Harold G. Quattlebaum, J.

G. Coke Williams of Williams Norton, Anniston, for petitioner.

Don Siegelman, Atty. Gen., and J. Randall McNeill, Asst. Atty. Gen., for respondent.


We granted the petition for writ of certiorari to review the single issue whether the Court of Criminal Appeals, 522 So.2d 317, erred in rejecting the defendant's contention that the trial court erred in denying his motion for a mistrial based on the remark of the district attorney during closing argument. The issue and the opposing position with respect to its disposition are set forth in the opinion of the Court of Criminal Appeals and in the dissenting opinion of Judge Patterson, which was joined by Presiding Judge Bowen.

We adopt as the opinion of this Court the dissenting opinion of Judge Patterson, and we reverse the judgment of the Court of Criminal Appeals.

REVERSED AND REMANDED.

TORBERT, C.J., and MADDOX, JONES, SHORES, BEATTY and ADAMS, JJ., concur.


Summaries of

Ex Parte Stubbs

Supreme Court of Alabama
Feb 12, 1988
522 So. 2d 322 (Ala. 1988)

adopting the dissenting opinion of Patterson, J., in Stubbs v. State, 522 So.2d 317, 322 (Ala.Cr.App. 1987)

Summary of this case from Kuenzel v. State

adopting the dissenting opinion of Patterson, J., in Stubbs v. State, 522 So.2d 317, 322 (Ala.Cr.App. 1987), that prosecutor's statement in closing argument was improper where not supported by the evidence and trial court's apparently contemporaneous instructions that statements by attorneys were not evidence was insufficient to eradicate the impression caused by the improper statement

Summary of this case from Gillespie v. State
Case details for

Ex Parte Stubbs

Case Details

Full title:Ex parte John Alvin STUBBS (re John Alvin Stubbs v. State of Alabama)

Court:Supreme Court of Alabama

Date published: Feb 12, 1988

Citations

522 So. 2d 322 (Ala. 1988)

Citing Cases

Stubbs v. State

McMILLAN, Judge. This cause is reversed and remanded to the trial court on the authority of Ex parte Stubbs,…

Quinlivan v. State

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