Boyd v. State

I would grant the State's application for rehearing for the sole purpose of addressing its contention that this Court's decision in Townsend v. City of Mobile, 793 So.2d 828 (Ala.Crim.App. 1998), rev'd on other grounds, 793 So.2d 835 (Ala. 2000), incorrectly states Alabama law.

In Townsend, this Court held:

"The City of Mobile asserts that this Court is without jurisdiction to decide the appellant's Commerce Clause claim because the appellant failed to notify the attorney general that he was challenging the constitutionality of a city ordinance, and it cites § 6-6-227, Ala. Code 1975, in…