Legal Opinion · Dissent

J.C.C. v. State

Court of Criminal Appeals of Alabama

Decided August 31, 2007No. CR-05-1672Published

1DissentShaw, Judge

I disagree with the majority’s conclusion in its unpublished memorandum that J.C.C.’s challenge to the sufficiency of the evidence is not properly before this Court.

In Ex parte Vattghn, 495 So.2d 83 (Ala.1986), the Alabama Supreme Court, interpreting and applying Rule 52, Ala.R.Civ.P., “Finding by the Court; Judgment on Partial Findings,” held that the following findings of fact by the juvenile court were sufficient to preserve for appeal the sufficiency-of-the-evidence issue:

“ ‘This cause coming to be heard and said child and her mother, Judy Vaughn, the Hon. Michael O’Dell, Assistant…

2Cases cited11 opinions

  1. New Properties, L.L.C. v. StewartSupreme Court of Alabama · 2004
  2. Ex Parte VaughnSupreme Court of Alabama · 1986
  3. Harper v. Talladega CountySupreme Court of Alabama · 1966
  4. Ex Parte JamesSupreme Court of Alabama · 1999
  5. Benedict v. LittleSupreme Court of Alabama · 1972

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