Legal Opinion · Dissent

Ex parte Watters

Court of Criminal Appeals of Alabama

Decided November 10, 2015No. CR-14-1421Published

1DissentJoiner, Judge

Jennifer Watters petitions this Court for a writ of mandamus directing the Jefferson Circuit Court to conduct an evidentia-ry hearing on Watters’s claim of immunity based on the theory of self-defense under § 13A-3-23, Ala.Code 1975. This Court, in an order, denies Watters’s petition on the basis that Watters has not, the Court says, “[met] her heavy burden of establishing a clear legal right to the issuance of a writ of mandamus.” I disagree with this conclusion and respectfully dissent from the Court’s decision to deny Watters’s petition.

Watters was indicted on November 7, 2014, for…

2Cases cited15 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Hunter v. BryantSupreme Court of the United States · 1991
  3. Siegert v. GilleySupreme Court of the United States · 1991
  4. People v. GuentherSupreme Court of Colorado · 1987
  5. Dennis v. StateSupreme Court of Florida · 2010

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