Causey v. State

Supreme Court of Alabama

Causey v. State

374 So. 2d 413, 1979 Ala. LEXIS 3245

Supreme Court of Alabama·Decided August 31, 1979·No. 78-689·Published·Cited by 4 cases

Opinion

MADDOX, Justice.

Writ denied. In denying the writ, we point out that writs of certiorari are fre[414] quently 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).

WRIT DENIED.

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

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MADDOX, Justice.

Writ denied. In denying the writ, we point out that writs of certiorari are fre[414] quently 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).

WRIT DENIED.

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

Causey v. State, 374 So. 2d 413, 1979 Ala. LEXIS 3245 (Ala. 1979).

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Opinion

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