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I must join in the majority’s unpublished memorandum because it correctly applies the law, as set forth in Ex parte B.B.S., 647 So.2d 709 (Ala.1994), to the facts of this case.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As the unpublished memorandum states: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
- In Re Opinion of the JusticesSupreme Court of Alabama · 1949
- Ex parte B.B.S. v. StateSupreme Court of Alabama · 1994
- R.D. v. StateCourt of Criminal Appeals of Alabama · 1997
- Wright v. StateCourt of Criminal Appeals of Alabama · 1992