Opinion

R.K.D. v. State

  • 712 So. 2d 754
  • 1997 Ala. Crim. App. LEXIS 295
Court
Court of Criminal Appeals of Alabama
Filed
Sep 26, 1997
Status
Published
Author
Brown
On the bench
Baschab, Long, Cobb, McMillan, Brown
Cited by
6 cases
Authority
More cited than 0.6%

The opinion

BROWN, Judge,

dissenting.

I must respectfully dissent from the majority opinion holding .that the appellant’s objection at trial was sufficient to preserve for appellate review the issue whether the materials he possessed violated the “live act” provision of § 13A-12-190(12), Code of Alabama 1975.

While the majority opinion justifies its bending of the Alabama Rules of Criminal Procedure by expressing a fear that “the scales of justice [will] rust and collect dust,” I believe that judicial restraint requires strict ádherence to the procedural rules by which this Court is bound.

Moreover,' I disagree with the statement and belief expressed in the majority opinion that to abide by long-established principles of preservation demonstrates a preoccupation with form over substance. “The primary purpose of objections is not to ‘preserve error’ for appellate review. Their primary purpose is to give the trial court an opportunity to correct that which might otherwise have been error.” Berrykill v. State, [Ms. CR-94-2039, April 18, 1997] — So.2d-(Ala. Cr.App.1997]- quoting Johnson v. State, 500 So.2d 69, 72 (Ala.Cr.App.1986). See also Ex parte Works, 640 So.2d 1056 (Ala.1994).

I would therefore refrain from reaching the merits of the appellant’s argument and would wait until the issue is properly presented for review, which has been the longstanding precedent of this Court.

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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