Payne v. State

Supreme Court of Alabama

Payne v. State

421 So. 2d 1306, 1982 Ala. LEXIS 3485

CourtSupreme Court of Alabama

DecidedNovember 5, 1982

Docket81-718

StatusPublished

Cited by4 cases

This text of 421 So. 2d 1306 (Payne 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.

Bluebook

Payne v. State, 421 So. 2d 1306, 1982 Ala. LEXIS 3485 (Ala. 1982).

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Opinion

PER CURIAM.

Writ quashed, 421 So.2d 1303, as improvidently granted.

In quashing the writ, we agree with the Court of Criminal Appeals, 391 So.2d 140, that the absolute rule of the trial court that deprives a defendant of the right to consult with counsel while the defendant is in the process of testifying is overly broad and overly restrictive. By quashing the writ, however, we do not intend to suggest that a trial judge is without some discretion in the area.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

TORBERT, C.J., and FAULKNER, JONES, ALMON, SHORES, EMBRY, BEATTY and ADAMS, JJ., concur.

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