Legal Opinion · Dissent

State v. Ramirez

Court of Criminal Appeals of Alabama

Decided March 14, 2014No. CR-13-0372Published

1DissentJoiner, Judge

I disagree with the manner in which the majority analyzes the record in this case; this case, at the very least, should be remanded for a hearing and for the circuit court to make specific, written findings regarding Ramirez’s motion to dismiss on speedy trial grounds. Accordingly, I dissent.

First, the majority opinion — concluding that “ ‘[t]he facts before us are undisputed’” and that “‘[tjhe only question to be decided is a question of law1 ” 184 So.3d at 1055 — applies a de novo standard of review. I disagree with these conclusions, as well as the application of a de novo standard of…

2Cases cited10 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Doggett v. United StatesSupreme Court of the United States · 1992
  3. Ex Parte WalkerSupreme Court of Alabama · 2005
  4. Ex Parte Alfa Mut. General Ins. Co.Supreme Court of Alabama · 1996
  5. Union Springs Telephone Company v. GreenSupreme Court of Alabama · 1969

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