Opinion

Kilpatrick v. State

  • 291 Ala. 628
  • 285 So. 2d 525
  • 1973 Ala. LEXIS 1161
Court
Supreme Court of Alabama
Filed
Nov 8, 1973
Status
Published
Author
Maddox
On the bench
Maddox, Heflin, Merrill, Har-Wood, Faulkner
Cited by
20 cases
Authority
More cited than 85.2%

The opinion

MADDOX, Justice.

Writ denied. By 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). 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, 51 Ala. App. 352 , 285 So.2d 516 . See Cooper v. State, 287 Ala. 728 , 252 So.2d 108 (1971).

Writ denied.

HEFLIN, C. J., and MERRILL, HAR-WOOD and FAULKNER, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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