Legal Opinion · Dissent

State v. Hargett

Court of Criminal Appeals of Alabama

Decided February 25, 2005No. CR-03-1548Published

1Dissent

The trial court in this case granted Hargett's motion to suppress. The majority holds that the case must be remanded for the trial court to make specific written findings of fact and conclusions of law and to clarify the basis for its ruling. I disagree; the record contains sufficient support for the trial court's ruling. The order granting the motion to suppress should be affirmed.

The majority sets out much of the relevant caselaw, noting that when evidence is presented to the trial court ore tenus, the court's findings of fact are presumed correct and we make all reasonable inferences…

2Cases cited16 opinions

  1. United States v. Kenneth George MontosCourt of Appeals for the Fifth Circuit · 1970
  2. Combs v. United StatesSupreme Court of the United States · 1972
  3. Dixon v. StateSupreme Court of Alabama · 1991
  4. United States v. Gary E. Hansen, Daniel E. Means, AKA Daniel E. Johnson, and Stephen R. BryantCourt of Appeals for the Tenth Circuit · 1981
  5. Loggins v. StateCourt of Criminal Appeals of Alabama · 1999

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