Legal Opinion
Ex Parte City of Tuscaloosa
Court of Criminal Appeals of Alabama
Decided May 28, 1993No. CR 92-1020PublishedCited by 16 opinions
1Opinion of the Court
ON APPLICATION FOR REHEARING
This Court's opinion released April 23, 1993, is hereby withdrawn, and the following opinion is substituted therefor.*
The City of Tuscaloosa seeks a writ of mandamus requiring the Circuit Court of Tuscaloosa County to set aside its order dismissing misdemeanor traffic charges against Willie Samuel Russell, Jr.
THE REMEDY
Mandamus is not a substitute for appeal. "[M]andamus is a drastic and extraordinary writ to be issued only where there is (1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform,…
2Cases cited5 opinions
- Grady v. CorbinSupreme Court of the United States · 1990
- Ex Parte JacksonSupreme Court of Alabama · 1993
- Wright v. StateCourt of Criminal Appeals of Alabama · 1986
- City of Attalla v. SmithCourt of Criminal Appeals of Alabama · 1992
- Matthews v. City of BirminghamCourt of Criminal Appeals of Alabama · 1991
3Cited by16 opinions
- State v. WebberSupreme Court of Alabama · 2004
- State v. A.R.C.Court of Criminal Appeals of Alabama · 2003
- Ex Parte RussellSupreme Court of Alabama · 1994
- Alabama v. NeelSupreme Court of Alabama · 2010
- State v. Van ReedCourt of Criminal Appeals of Alabama · 1996
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