Legal Opinion · Dissent

Pate v. City of Tuscaloosa

Supreme Court of Alabama

Decided July 3, 2013No. 1111448Published

1DissentMurdock, Justice

I am reminded that this is but a mere misdemeanor case. Our duty is made no less by this fact. Over the years, some of our most important constitutional rights have been addressed by the United States Supreme Court in misdemeanor cases. Although no fundamental constitutional right is addressed in the present case, important and fundamental principles of Alabama law are at stake. These include the viability of the ore tenus rule and the continued viability of the crime of menacing. And then there is the question of the ability of law enforcement to act confidently and without hesitation, and…

2Cases cited7 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. Ex Parte SlatonSupreme Court of Alabama · 1996
  3. Mihas v. United StatesDistrict of Columbia Court of Appeals · 1992
  4. In re Monay W.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Hiler v. StateSupreme Court of Alabama · 2009

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