M.W.B. v. State

I concur with part A of the memorandum issued today by the majority because I agree that the probable cause finding was not clearly erroneous. I dissent, however, from part B of the memorandum regarding the decision to transfer M.W.B. to the circuit court for trial as an adult.

The majority’s conclusion is supported by Alabama caselaw. Yet it is a perfect example of how all too often the orderly development of legal principles has been hindered by our burgeoning caseload.1 Not only does this case illustrate this point by its questionable facts, but also by the trial court’s failure to apply…