Citizenship Trust v. Keddie-Hill

68 So. 3d 99, 2011 WL 118482
CourtSupreme Court of Alabama
DecidedJanuary 14, 2011
Docket1090545 and 1090625
StatusPublished
Cited by4 cases

This text of 68 So. 3d 99 (Citizenship Trust v. Keddie-Hill) 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.

Bluebook
Citizenship Trust v. Keddie-Hill, 68 So. 3d 99, 2011 WL 118482 (Ala. 2011).

Opinions

PER CURIAM.

The Citizenship Trust; Tom Walker, individually and in his capacity as executive director of the Citizenship Trust; Michael Sparks, individually and in his official capacity as director of the Alabama Department of Forensic Sciences; and Michael Hudson, individually and in his official capacity as comptroller of the State of Alabama, appeal from a preliminary injunction entered in favor of Mary Kathleen Keddie-Hill,1 Cheryl Tillman, and Justin [101]*101Hammond. Keddie-Hill, Tillman, and Hammond cross-appeal from the trial court’s denial of their motion for class certification. We reverse the trial court’s order issuing the injunction, affirm its order denying class certification, and dismiss the appeal as to Hammond.

Facts

I. Act No. 2009-768

In 2009, the Alabama Legislature passed Act No. 2009-768, which provides:

“AN ACT
“Relating to criminal procedure; to allow an individual convicted of a capital offense who is serving a term of imprisonment or awaiting execution for a capital offense to file a motion to obtain forensic DNA testing on evidence that was secured in relation to the trial that resulted in his or her conviction; to provide that notice be given to the state when an individual files a motion for DNA testing; to specify the information to be included in the motion; to specify certain findings the court would make before ordering forensic DNA testing; to provide for testing procedures and post-testing procedures; to amend Sections 86-18-24, 86-18-25, and 36-18-32, Code of Alabama 1975, relating to DNA database; to provide under certain conditions for DNA testing of all persons arrested for a felony offense after October 1, 2010, or for any sexual offense; to increase the DNA database fee in all municipal, district, and circuit court criminal cases and certain other proceedings; to provide for distribution of the fee; and to provide for an appropriation, for the fiscal year ending September 30, 2009, and September 30, 2010. “BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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“Section 2. Sections 36-18-24, 36-18-25, and 36-18-32, Code of Alabama 1975, are amended to read as follows:
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“ § 36-18-32
“(a) There is hereby established a special fund to be known as the Alabama DNA Database Fund.
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“(e) Monies deposited in the Alabama DNA Database Fund may be expended by the Director of the Alabama Department of Forensic Sciences in accordance with the provisions of this article....
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“(h) In all municipal, district, and circuit court civil cases ... a fee in the amount of two dollars ($2) shall be assessed and collected. In all municipal, district, and circuit court criminal cases ... a fee in the amount of twelve dollars ($12) shall be assessed and collected. The fee shall be collected by the court clerk and remitted as follows:
“(1) Alabama DNA Database Fund,
“a. For fiscal years 2009 and 2010, $7.
“b. For fiscal year 2011, $8.
“c. For fiscal year 2012 and thereafter, $11.
“(2) Citizenship Trust pursuant to Section 16-44A-30, Code of Alabama 1975, for the purposes described in Section 4 of this act.
“a. For fiscal years 2009 and 2010, $5.
“b. For fiscal year 2011, $4.
“c. For fiscal year 2012 and thereafter, $1....
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[102]*102“Section 4. It is the intent of this act to effect the changes provided in criminal procedure, and concurrently, to reduce criminal conduct by promoting good citizenship education. The amounts specified by this act to be remitted to the Citizenship Trust (‘Trust’) shall be appropriated, expended, and audited in the manner provided by Act 2008-551 and Section 16-44A-30, et seq., Code of Alabama 1975, of which one half shall be for the David Mathews Center for Civic Life.... ”

II. Underlying Proceedings

A.Keddie-Hill’s Traffic Citation

In September 2009, Keddie-Hill received a citation in the mail charging her with running a stop sign in the City of Montgomery. On October 2, 2009, Ked-die-Hill pleaded guilty to the traffic violation and paid the fines and court costs assessed against her in the case, including the $12 “DNA database fee” assessed pursuant to Act No. 2009-768. Along with the fee, Keddie-Hill submitted a letter from her attorney that stated:

“This firm represents Ms. Keddie-Hill, and she submits this payment in full, but she is paying the additional $10.00 required by Act 2009-768 under protest. She does not believe that the addition [sic] $10.00 charge is valid.”

The record contains an affidavit in which Keddie-Hill testified as follows:

“I paid the DNA Database Fee charged in connection with the above-mentioned citation under protest.... While I protested $10.00 of the payment in [the letter written by her attorney], I have now been told that only $5.00 of the fee collected was unconstitutional.
“... I could not afford a lawyer to challenge the portion of the fee that I consider unconstitutional, that $5.00 portion that is being submitted to The Citizenship Trust, because it would have cost me far more to do so than I would have received.
“... I did not wish to challenge the citation or the judgment of the Municipal Court against me as I was guilty of the traffic violation.”

B. Tillman’s Traffic Citation

On October 2, 2009, Cheryl Tillman received a citation for speeding in Greene County. The citation stated: “This case can be settled without a court appearance by payment of the ordered amount,” ie., $183, which included the $12 “DNA database fee.”

The record contains an affidavit by Cheryl Tillman in which she testifies as follows:

“I pleaded guilty to this traffic violation and since that time I have paid to the district court of Greene County all fines and court costs assessed against me in that case, including the $12.00 fee required by Act 2009-768.
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“... I could not afford a lawyer to challenge the portion of the fee that I consider unconstitutional, that $5.00 portion that is being submitted to The Citizenship Trust, because it would have cost me far more to do so than I would have received.
[[Image here]]
“... I did not wish to challenge the citation or the Judgment of the Greene County District Court against me as I was guilty of the traffic violation.”

C. Hammond’s Traffic Citation

The record contains an affidavit by Justin Hammond in which he testifies as follows:

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Related

Arthur v. State
238 So. 3d 1276 (Court of Criminal Appeals of Alabama, 2017)
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150 So. 3d 1027 (Supreme Court of Alabama, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
68 So. 3d 99, 2011 WL 118482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizenship-trust-v-keddie-hill-ala-2011.