Robertson v. State

I join Chief Justice Nabers’s special concurrence; I agree that when the issue whether a defect in an indictment divests the trial court of subject-matter jurisdiction in a criminal case is properly presented to this Court, we should overrule our precedent that it does. I recognize that I concurred with the majority’s decision to decline the State’s request in Ex parte Lewis, 811 So.2d 485 (Ala.2001), that this Court overrule our precedent holding that the failure of an indictment to allege an essential element of the charge created a jurisdictional defect. I have reviewed Ex parte Lewis and…