A.L.L. v. State

Respectfully, I dissent. I join Chief Justice Cobb’s well written dissenting opinion, and I write separately to further explain my views.

Rules 15.2(a) and (d), Ala. R.Crim. P., divide the universe of defects in indictments into two categories: those that must be raised in a pretrial motion and those that may be raised at “any time during the pendency of the proceeding.”10 The latter *157category includes defects that involve either a “lack of subject matter jurisdiction or the failure to charge an offense.” Rule 15.2(a) (emphasis added); see also Rule 15.2(d). Because the defect in the indictment…