Legal Opinion · Concurrence

C. J. v. State

Court of Criminal Appeals of Alabama

Decided August 27, 1999No. CR-98-0151Published

1ConcurrenceFry, Judge

I must join in the majority’s unpublished memorandum because it correctly applies the law, as set forth in Ex parte B.B.S., 647 So.2d 709 (Ala.1994), to the facts of this case. I write, however, to encourage our Supreme Court to revisit its interpretation of the legislative intent of § 15-25-32, Ala.Code 1975, in Ex parte B.B.S., supra.

As the unpublished memorandum states:

“Section 15-25-31, Ala.Code 1975, part of the Child Physical and Sexual Abuse Victim Protection Act, provides that a child’s out-of-court statements concerning an act that is a material element of a crime involving physical…

2Cases cited4 opinions

  1. In Re Opinion of the JusticesSupreme Court of Alabama · 1949
  2. Ex parte B.B.S. v. StateSupreme Court of Alabama · 1994
  3. R.D. v. StateCourt of Criminal Appeals of Alabama · 1997
  4. Wright v. StateCourt of Criminal Appeals of Alabama · 1992

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