Opinion

Brown v. State

  • 807 So. 2d 17
  • 2001 Ala. LEXIS 220
  • 2001 WL 670505
Court
Supreme Court of Alabama
Filed
Jun 15, 2001
Status
Published
Author
Harwood
On the bench
Harwood, Houston, See, Lyons, Brown, Woodall, Stuart, Johnstone, Moore
Cited by
1 cases
Authority
More cited than 44.3%

The opinion

HARWOOD, Justice.

In quashing the writ, we should not be understood as agreeing with what the Court of Criminal Appeals wrote regarding the proper standard to be applied in cases determining whether prejudice has occurred. See Roan v. State, 225 Ala. 428 , 143 So. 454 (1932); Reed v. State, 547 So.2d 596 (Ala.1989); Union Mortg. Co. v. Barlow, 595 So.2d 1335 (Ala.), cert. denied, 506 U.S. 906 , 113 S.Ct. 301 , 121 L.Ed.2d 224 (1992); Ex parte Stewart, 659 So.2d 122 (Ala.1993); Campbell v. Williams, 638 So.2d 804 (Ala.1994); Dawson v. State, 710 So.2d 472 (Ala.1997); and Ex parte Apicella, 809 So.2d 865 (Ala.2001).

In addition, the facts of this case are distinguishable from the facts presented in Ex parte Pierce, [Ms. 1981270, September 1, 2000] — So.2d-(Ala.2000). Compare Ex parte Dobyne, 805 So.2d 763 (Ala.2001).

WRIT QUASHED.

HOUSTON, SEE, LYONS, BROWN, WOODALL, and STUART, JJ., concur.

JOHNSTONE, J., concurs specially.

MOORE, C.J., concurs in the result.

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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