State v. Horton

This is a petition for writ of certiorari seeking our review of the Court of Civil Appeals' affirmance of a judgment of the Circuit Court of Madison County dismissing a paternity suit against Earl Horton. We affirm, but not for the same reason given by the Court of Civil Appeals.

Ms. Darlene Fletcher initiated this paternity proceeding on August 20, 1973, alleging that Earl Horton was the father of her child, Tracey Eugene Fletcher. The Circuit Court issued a warrant of arrest for Horton on August 20, 1973. That warrant was not executed until November 9, 1977, more than four years later. No…