Legal Opinion · Dissent

Ex Parte Fletcher

Supreme Court of Alabama

Decided March 30, 2001No. 1990055Published

1Dissent

I concur in Part III, holding that Fletcher is not entitled to enforce what she says she understood to be an agreement that the total amount of restitution would be no more that $200,000, and I concur in Part IV, holding that the trial court, when ordering Fletcher to pay restitution, was authorized to impose a duty to pay interest. However, I cannot join, and therefore respectfully dissent from, Parts II and V, which effectively allow Fletcher to retain the considerable benefits of her guilty plea while pleading poverty as a means of escaping her own obligations under the plea.

While the…

2Cases cited4 opinions

  1. Ex Parte ClaySupreme Court of Alabama · 1990
  2. Kresler v. StateCourt of Criminal Appeals of Alabama · 1984
  3. Ex Parte SwainSupreme Court of Alabama · 1988
  4. Fuller v. StateCourt of Criminal Appeals of Alabama · 1985

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