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Ex Parte Powell

Supreme Court of Alabama
Jun 16, 1989
548 So. 2d 605 (Ala. 1989)

Summary

holding following to be race-neutral reasons: veniremember's uncle had been falsely prosecuted; veniremember's nephew was a defendant in a burglary case; veniremember had a family member who had been charged with a crime; veniremember had been charged with DUI; veniremember had been prosecuted for various offenses

Summary of this case from Cunningham v. State

Opinion

88-434.

June 16, 1989.

Petition for writ of certiorari to the Court of Criminal Appeals (3 Div. 755).

David G. Flack, Rick A. Williams and William R. Blanchard, Montgomery, for petitioner.

Don Siegelman, Atty. Gen., and J. Thompson Leverette, Asst. Gen., for respondent.


The facts of this case are thoroughly presented in the opinion of the Court of Criminal Appeals. See Powell v. State, 548 So.2d 590 (Ala.Crim.App. 1988). We granted certiorari to examine the holding of the Court of Criminal Appeals that Powell's arrest was based upon probable cause and was lawful; because the issue of the legality of Powell's arrest will be an issue in his retrial, we wanted to rule upon that issue now.

After carefully examining the record, the arguments of the parties, and the opinion below, we are the opinion that the holding of the Court of Criminal Appeals as to the legality of the arrest is correct. Therefore, that holding is affirmed.

AFFIRMED.

HORNSBY, C.J., and JONES, ALMON, SHORES, ADAMS, HOUSTON, STEAGALL and KENNEDY, JJ., concur.


Summaries of

Ex Parte Powell

Supreme Court of Alabama
Jun 16, 1989
548 So. 2d 605 (Ala. 1989)

holding following to be race-neutral reasons: veniremember's uncle had been falsely prosecuted; veniremember's nephew was a defendant in a burglary case; veniremember had a family member who had been charged with a crime; veniremember had been charged with DUI; veniremember had been prosecuted for various offenses

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

Ex Parte Powell

Case Details

Full title:Ex parte Timothy POWELL. (Re Timothy Powell v. State)

Court:Supreme Court of Alabama

Date published: Jun 16, 1989

Citations

548 So. 2d 605 (Ala. 1989)

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