Ex Parte Pankey

I vigorously dissent from the denial of the petition for a writ of certiorari to the Court of Civil Appeals filed by Brian Pankey ("the father"). By refusing to review this case, this Court allows the continued erosion of historic precedent regarding the conclusive presumption of relative unfitness that applies to an adulterous parent in custody determinations. This Court may grant a petition for writ of certiorari when a decision of the Court of Civil Appeals is "in conflict with prior decisions of . . . the Supreme Court of Alabama." Rule 39(a)(1)(D), Ala.R.App.P. The father argues that the…