Gargis v. State

I respectfully dissent as to that portion of the majority opinion that purports to overrule this court's decision inWilliams v. State, 961 So.2d 929 (Ala.Crim.App. 2006). The majority states, in part:

"The Williams opinion did not address the impact of the Alabama Supreme Court's opinion in Ex parte Seymour, 946 So.2d 536 (Ala. 2006), had on cases like Williams, however.

". . . .

"In light of Seymour and its progeny, the line of cases of which Williams is a part that hold that failure to allege an essential element of the charged offense constitutes a jurisdictional defect that cannot be waived…