Legal Opinion · Dissent

McDonald v. City of Birmingham

Court of Criminal Appeals of Alabama

Decided March 25, 1994No. CR-92-0993Published

1DissentMontiel, Judge

I would affirm the judgment of the trial court on this issue; therefore, I respectfully dissent from the majority opinion.

In Meadows v. City of Birmingham, 582 So.2d 603 (Ala.Crim.App.1991), this court held that there must be some affirmative showing in the record that the court has taken judicial notice of the municipal ordinances of the City of Birmingham and cites for this proposition Fuller v. State, 472 So.2d 452 (Ala.Crim.App.1985), which states that a review by this court is limited solely to matters that appear in the record. However, “[i]t is presumed that a public official charged…

2Cases cited8 opinions

  1. Harris v. RiveraSupreme Court of the United States · 1981
  2. Ex Parte HarrellSupreme Court of Alabama · 1985
  3. Ex Parte ThomasSupreme Court of Alabama · 1984
  4. D.D.P. v. StateCourt of Criminal Appeals of Alabama · 1991
  5. Fuller v. StateCourt of Criminal Appeals of Alabama · 1985

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