Legal Opinion · Dissent

A.L.L. v. State

Supreme Court of Alabama

Decided August 21, 2009No. 1080395Published

1DissentCobb, Chief Justice

I respectfully dissent. The majority reverses the judgment of the Court of Criminal Appeals and criticizes that court for “misconstruing” Ex parte Edwards, 816 So.2d 98 (Ala.2001), and Ex parte Burnett, 807 So.2d 586 (Ala.2001), which relied on Ex parte Edwards. It is easy to grasp why the Court of Criminal Appeals would have difficulty construing those cases— they raise more questions than they answer. I continue to believe that this Court wrongly decided Edwards by attempting to uphold the vehicular-homicide statute, Ala.Code 1975, § 32-5A-192, without addressing the inherent constitutional…

2Cases cited38 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Russell v. United StatesSupreme Court of the United States · 1962
  4. United States v. WilliamsSupreme Court of the United States · 2008
  5. Smith v. GoguenSupreme Court of the United States · 1974

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