Legal Opinion

Ex Parte State Dept. of Mental Health and Mental Retardation

Court of Civil Appeals of Alabama

Decided September 7, 1988No. Civ. 6433PublishedCited by 13 opinions

1Opinion of the Court

This case involves a denial of a writ of prohibition.

On August 25, 1986, the Department of Mental Health and Mental Retardation of the State of Alabama (Department) petitioned the Circuit Court of Clarke County for a writ of prohibition to be issued against the Probate Judge of Clarke County. This petition sought to prevent him from ordering that persons be restrained at Searcy Hospital (Searcy) or any facility of the Department after notice by the Department that no bed space or treatment is available.

After an ore tenus hearing the trial court denied the petition. The Department now appeals…

2Cases cited6 opinions

  1. Wyatt v. StickneyDistrict Court, M.D. Alabama · 1971
  2. Jean P. Lynch, Individually and on Behalf of All Persons Similarly Situated, Jesse M. Hughes, Intervening v. William J. Baxley, Etc.Court of Appeals for the Eleventh Circuit · 1984
  3. Ex Parte BurchSupreme Court of Alabama · 1938
  4. Ex Parte Perry County Board of EducationSupreme Court of Alabama · 1965
  5. Hudson v. SparksSupreme Court of Alabama · 1961

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

3Cited by13 opinions

  1. Ex Parte Alabama Bd. of Pardons and ParolesCourt of Criminal Appeals of Alabama · 2002
  2. Ex Parte ShoemakerCourt of Civil Appeals of Alabama · 1993
  3. Ex Parte MayeSupreme Court of Alabama · 2001
  4. Ex Parte MoodyCourt of Criminal Appeals of Alabama · 1996
  5. State v. CrossmanCourt of Criminal Appeals of Alabama · 1996

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

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