Ex parte John Sandifer PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: City of Huntsville v. John Sandifer) (Madison Circuit Court: CC-22-3285; Criminal Appeals: CR-2023-0354).

CourtSupreme Court of Alabama
DecidedSeptember 26, 2025
DocketSC-2024-0648
StatusPublished

This text of Ex parte John Sandifer PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: City of Huntsville v. John Sandifer) (Madison Circuit Court: CC-22-3285; Criminal Appeals: CR-2023-0354). (Ex parte John Sandifer PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: City of Huntsville v. John Sandifer) (Madison Circuit Court: CC-22-3285; Criminal Appeals: CR-2023-0354).) 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
Ex parte John Sandifer PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: City of Huntsville v. John Sandifer) (Madison Circuit Court: CC-22-3285; Criminal Appeals: CR-2023-0354)., (Ala. 2025).

Opinion

Rel: September 26, 2025

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.

SUPREME COURT OF ALABAMA SPECIAL TERM, 2025

_________________________

SC-2024-0648 _________________________

Ex parte John Sandifer

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

(In re: City of Huntsville

v.

John Sandifer)

(Madison Circuit Court: CC-22-3285; Court of Criminal Appeals: CR-2023-0354)

SC-2024-0649 _________________________ SC-2024-0648; SC-2024-0649; SC-2024-0651; SC-2024-0652

Ex parte Curtis Tanner

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

Curtis E. Tanner)

(Madison Circuit Court: CC-23-464; Court of Criminal Appeals: CR-2023-0353)

SC-2024-0651 _________________________

Ex parte Brodrick Fearn

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

Brodrick D. Fearn)

(Madison Circuit Court: CC-22-4774; Court of Criminal Appeals: CR-2023-0348)

SC-2024-0652 _________________________ 2 SC-2024-0648; SC-2024-0649; SC-2024-0651; SC-2024-0652

Ex parte Dillon Barrett

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

Dillon Barrett)

(Madison Circuit Court: CC-22-3440; Court of Criminal Appeals: CR-2023-0349)

STEWART, Chief Justice.

We granted the certiorari petitions of John Sandifer, Curtis Tanner,

Brodrick Fearn, and Dillon Barrett ("the petitioners") to consider

whether the decision of the Court of Criminal Appeals in City of

Huntsville v. Fearn, [Ms. CR-2023-0348, Mar. 22, 2024] ___ So. 3d ___

(Ala. Crim. App. 2024), conflicts with authority from this Court and the

Court of Criminal Appeals concerning 1) the preservation requirements

applicable to de novo appeals from municipal courts to circuit courts and

2) the pleading requirements applicable to municipal-court complaints.

For the reasons expressed below, we affirm the judgments of the Court of

Criminal Appeals.

3 SC-2024-0648; SC-2024-0649; SC-2024-0651; SC-2024-0652

Facts and Procedural History

For the purposes of this opinion, only a brief summarization of the

factual and procedural history of these cases is necessary. The petitioners

were convicted in separate actions in the Huntsville Municipal Court

("the municipal court") of violating certain municipal ordinances of the

City of Huntsville ("the City"). Each petitioner appealed his municipal-

court conviction to the Madison Circuit Court ("the circuit court") for a

trial de novo, and, before those trials were held, the petitioners moved to

dismiss the complaints against them.

Each petitioner sought the dismissal of the complaint against him

based on the argument that the complaint omitted "an averment of

authorized ordination by the municipality" and, therefore, that the

complaint failed to charge an offense. Sandifer and Barrett additionally

argued that the complaints against each of them alleged violations of a

city ordinance adopting sections of the Alabama Code that did not exist

and did not enumerate a crime. It is undisputed that all the petitioners

raised these arguments for the first time in the circuit-court proceedings.

4 SC-2024-0648; SC-2024-0649; SC-2024-0651; SC-2024-0652

The circuit court granted each petitioner's motion to dismiss.1 The

City appealed the judgments of dismissal to the Court of Criminal

Appeals, and, after consolidating the cases, on March 22, 2024, that court

issued a unanimous opinion reversing the circuit court's judgments and

remanding the causes for further proceedings. See Fearn, supra.

Thereafter, the petitioners filed separate petitions for the writ of

certiorari in this Court, which this Court granted. This Court

consolidated these cases for the purpose of issuing one opinion.

This Court's Jurisdiction

At the outset, we must address the City's argument that certiorari

review is unavailable to the petitioners because, it contends, their

petitions were untimely filed. The petitioners filed their certiorari

petitions within seven days of the date the Court of Criminal Appeals

issued its order overruling their applications for rehearing, which is in

compliance with the time requirements set forth in Rule 39(c)(2), Ala. R.

App. P. However, the City nevertheless argues that the petitions were

1The circuit court's orders granting Tanner's and Sandifer's motions

to dismiss give no explanation. In both Barrett's and Fearn's cases, the circuit court granted their motions to dismiss because the "complaint as filed fails to confer jurisdiction on this Court." 5 SC-2024-0648; SC-2024-0649; SC-2024-0651; SC-2024-0652

untimely because the petitioners filed their applications for rehearing 14

days, instead of 7 days, after the Court of Criminal Appeals issued its

decision. Rule 40(c), Ala. R. App. P., requires that, in most cases, an

application for rehearing must be filed within 14 days of the questioned

decision. However, that rule provides that, "in the case of a rehearing

application in a pretrial appeal by the state in a criminal case, the

application … must be filed … within 7 days (1 week) after the release of

the decision." The City contends that its appeals to the Court of Criminal

Appeals should be treated as appeals taken by "the state." See Rule

15.7(a), Ala. R. Crim. P. (providing for pretrial appeals by the state and

stating that a municipality may appeal a pretrial order "in like manner").

Thus, the City argues that, because the applications for rehearing were

filed more than 7 days after the decision of the Court of Criminals

Appeals, they were untimely and of no effect and that the petitions for

the writ of certiorari were, therefore, also untimely. We disagree.

Even if we were to hold that the petitioners' applications for

rehearing were untimely, the filing of a timely application for rehearing

is not a jurisdictional act. Indeed, the Court of Criminal Appeals is

authorized under Rule 2(b), Ala. R. App. P., to "exercise its discretion …

6 SC-2024-0648; SC-2024-0649; SC-2024-0651; SC-2024-0652

to extend the time for filing an application for a rehearing or to place a

case on rehearing ex mero motu." State v. Martin, 56 So. 3d 709, 725 (Ala.

Crim. App. 2009), aff'd, 56 So. 3d 726 (Ala. 2010). 2 Here, the Court of

Criminal Appeals accepted the petitioners' applications for rehearing,

and these certiorari petitions were timely filed seven days from the date

the Court of Criminal Appeals issued its order overruling their

applications for rehearing. Accordingly, our jurisdiction has been

properly invoked. See Rule 39(c)(2).

Analysis

I. The Circuit Court's Subject-Matter Jurisdiction

First, we note that, in the circuit court, the sufficiency of the

municipal-court complaints against the petitioners was treated as a

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Ex parte John Sandifer PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: City of Huntsville v. John Sandifer) (Madison Circuit Court: CC-22-3285; Criminal Appeals: CR-2023-0354)., Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-john-sandifer-petition-for-writ-of-certiorari-to-the-court-of-ala-2025.