Legal Opinion · Dissent

Ex parte N.B.

Supreme Court of Alabama

Decided September 30, 2016No. 1150708Published

1DissentMurdock, Justice

In Ex parte E.S., 205 So.3d 1245 (Ala. 2015), I joined Justice Shaw’s dissent rejecting the use of Ala. Code 1975, § 12—11-11, as a basis for the juvenile court to transfer to a circuit court, rather than to dismiss, a petition deemed -to present a “mere-custody dispute” rather than a dependency case. In the present ease, this Court denies review of such a transfer by the trial court. Consistent with my vote in Ex parte E.S., I-respectfully dissent.

The statute upon which. Ex parte E.S. was based, § 12-11-11, has not changed since 1975. Yet, until recently (including during my tenure as a…

2Cases cited6 opinions

  1. K.C.G. v. S.J.R.Court of Civil Appeals of Alabama · 2010
  2. Allen v. ZickosAlabama Court of Appeals · 1953
  3. Ex Parte BoykinSupreme Court of Alabama · 1992
  4. O.S. v. E.S.Supreme Court of Alabama · 2015
  5. J.A. v. C.M.Court of Civil Appeals of Alabama · 2012

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