Legal Opinion

K.M. v. G.H.

Court of Civil Appeals of Alabama

Decided August 25, 1995No. 2940266, 2940267Published

1Dissent · CrawleyCrawley, Judge

I agree with the statement in Presiding Judge Robertson’s opinion that it is our duty to sustain the constitutionality of a legislative act unless it is clear beyond a reasonable doubt that the act is in violation of fundamental law. I dissent because I believe it is clear beyond any reasonable doubt that the Act is unconstitutional. The Act subverts the principle of res judicata, denies equal protection of the laws to other similarly situated individuals, and violates the separation of powers provisions of the Alabama Constitution.

Res Judicata

The principle of res judicata bars a paternity…

Also in this document: Dissent · Houston.

2Cases cited15 opinions

  1. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  2. Clark v. JeterSupreme Court of the United States · 1988
  3. Agran v. Checker Taxi Co.Illinois Supreme Court · 1952
  4. Morgan County Commission v. PowellSupreme Court of Alabama · 1974
  5. Broadway v. StateSupreme Court of Alabama · 1952

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