Public-domain · open source
OpenJurist

349 So. 2d 102

McDonald v. State

Supreme Court of Alabama

Decided August 26, 1977

Supreme Court of Alabama · decided 1977-08-26

Cited by 2 later decisions — most recently May 1984

2 state decisions

Relies on Hamilton-Brown Shoe Company v. Wolf Brothers & Company · 47 Ala. App. 182 - Felton v. State · O. L. Cooper v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-08-26

View the full empirical analysis of this case →

MADDOX, Justice.

¶1Writ 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. See Cooper v. State, 287 Ala. 728, 252 So.2d 108 (1971).

¶2WRIT DENIED.

TORBERT, C. J., and FAULKNER, SHORES and BEATTY, JJ., concur.
/349/so2d/102 · .json · Public domain