Legal Opinion · Concurring in part, dissenting in part

Ankrom v. State

Court of Criminal Appeals of Alabama

Decided August 26, 2011No. CR-09-1148Published

1Concurring in part, dissenting in partWindom, Judge

I agree with the majority’s decision to affirm the circuit court’s denial of Hope Elisabeth Ankrom’s pretrial motion to dismiss the indictment against her. Further, I agree with the majority’s interpretation of § 26-15-3.2(a)(l), Ala.Code 1975. I, however, disagree with the majority’s decision to overrule Doseclc v. State, 8 So.3d 1024 (Ala.Crim.App.2008), because I do not believe that the law in this State provides a procedure for a trial judge to rule on the merits of a facially valid indictment before trial.6 Therefore, I, respectfully, dissent from that portion of the majority’s opinion.

In…

2Cases cited19 opinions

  1. Costello v. United StatesSupreme Court of the United States · 1956
  2. Aaron v. StateSupreme Court of Alabama · 1960
  3. United States v. James v. DelaurentisCourt of Appeals for the Third Circuit · 2000
  4. Evans v. WaddellSupreme Court of Alabama · 1997
  5. United States v. Michael W. CritzerCourt of Appeals for the Eleventh Circuit · 1992

14 more not listed; retrieve them via the Exa API.

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

Powered by the Exa API