Legal Opinion · Dissent

Ex Parte Butler

Supreme Court of Alabama

Decided March 16, 2007No. 1051636Published

1Dissent

Because I disagree with the conclusion in the main opinion that the circuit court had jurisdiction to entertain Butler's motion for sentence reconsideration and to enter its July 13 order, I must respectfully dissent.

In my dissent in Holt v. State, 960 So.2d 740, 748 (Ala. 2006), I stated: "[I]f an inmate has been convicted of a violent offense, he is a violent offender and is not eligible for sentence reconsideration under § 13A-5-9.1, Ala. Code 1975." Thus, in my opinion, a court does not have jurisdiction to entertain a motion for sentence reconsideration filed by an inmate who has been…

2Cases cited5 opinions

  1. Kirby v. StateSupreme Court of Alabama · 2004
  2. Ex Parte JenkinsSupreme Court of Alabama · 1998
  3. Massey v. StateCourt of Criminal Appeals of Alabama · 1991
  4. Ex Parte StateSupreme Court of Alabama · 2006
  5. Ex Parte SandiferCourt of Criminal Appeals of Alabama · 2005

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API