Ex Parte McDaniel

Decided August 20, 1982

Supreme Court of Alabama · decided 1982-08-20

Key passage — most relied on by later courts

“[a] denial of certiorari should never be considered as an expression by the reviewing court on the merits of the controversy.”

quoted by 2 later decisions, including Hooper v. State, 835 So. 2d 137 - Patterson v. Gladwin Corp.

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 1982-08-20

How this case has been cited

Cited by 11 later decisions — most recently May 2002

11 state decisions

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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¶1

¶2Writ 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, *935 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 HamiltonBrown 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).

¶3WRIT DENIED.

¶4TORBERT, C.J., and JONES, SHORES and BEATTY, JJ., concur.