Buse v. State

Supreme Court of Alabama

Buse v. State

549 So. 2d 1344, 1989 Ala. LEXIS 568, 1989 WL 116491

CourtSupreme Court of Alabama

DecidedAugust 25, 1989

Docket88-1302

StatusPublished

Cited by3 cases

This text of 549 So. 2d 1344 (Buse v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Buse v. State, 549 So. 2d 1344, 1989 Ala. LEXIS 568, 1989 WL 116491 (Ala. 1989).

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Opinion

MADDOX, Justice.

In 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).

WRIT DENIED.

HORNSBY, C.J., and ALMON, ADAMS and STEAGALL, JJ., concur.

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MADDOX, Justice.

In 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).

WRIT DENIED.

HORNSBY, C.J., and ALMON, ADAMS and STEAGALL, JJ., concur.

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549 So. 2d 1344, 1989 Ala. LEXIS 568, 1989 WL 116491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buse-v-state-ala-1989.

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