McTerry v. State

The majority denies the State’s petition for the writ of certiorari, without writing an opinion. I disagree with that denial because I believe the state’s petition has probable merit. Consequently, I would grant certiora-ri review and consider the question raised: Did the trial court’s refusal, during the course of the trial, to grant the defendant’s request for an instanter subpoena violate the defendant’s constitutional rights?

The facts surrounding this ease are set out in the opinion of the Court of Criminal Appeals. McTerry v. State, 680 So.2d 953 (Ala.Crim.App.1996). I will restate the…