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291 Ala. 628

285 So.2d 525

Kilpatrick v. State

Supreme Court of Alabama

Decided November 8, 1973

Supreme Court of Alabama · decided 1973-11-08

Relies on Hamilton-Brown Shoe Company v. Wolf Brothers & Company · 47 Ala. App. 182 - Felton v. State · 51 Ala. App. 352 - Kilpatrick v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1973-11-08

How this case has been cited

Cited by 29 later decisions — most recently May 2015 · most notably Ex Parte Cofer (1983), 375 So. 2d 1271 - Jackson v. State (1979)

29 state decisions

9019731980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MADDOX, Justice.

¶1 Writ denied. By denying the writ, we point out that writs of certiorari are frequently denied without any consideration of the merits. Haden v. Olan Mills, Inc., 273 Ala. 129, 135 So.2d 388 (1961). A denial of certiorari should never be considered as an expression by the reviewing court on the merits of the controversy. See Hamilton Brown Shoe Co. v. Wolf Brothers, 240 U.S. 251, 36 S.Ct. 269, 60 L. Ed. 629 (1916). Our denial of the writ should not be understood as approving or disapproving the language used, or the statements of law contained in the opinion of the Court of Criminal Appeals, 51 Ala. App. 352, 285 So.2d 516. See Cooper v. State, 287 Ala. 728, 252 So.2d 108 (1971).

¶2 Writ denied.

HEFLIN, C. J., and MERRILL, HAR-WOOD and FAULKNER, JJ., concur.
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