Opinion

Jackson v. State

  • 910 So. 2d 797
  • 2005 Ala. Crim. App. LEXIS 61
  • 2005 WL 628485
Court
Court of Criminal Appeals of Alabama
Filed
Mar 18, 2005
Status
Published
Author
Shaw
On the bench
McMillan, Cobb, Baschab, Wise, Shaw
Cited by
19 cases
Authority
More cited than 1.0%

“A petitioner does not have an unlimited and unqualified right to discovery in a postcon-viction proceeding. In Land, the Supreme Court adopted a standard of good cause— it did not elect to adopt the broader standards for discovery that are contained in the Alabama Rules of Civil Procedure.”

How later courts described this case

  • “A petitioner does not have an unlimited and unqualified right to discovery in a postcon-viction proceeding. In Land, the Supreme Court adopted a standard of good cause— it did not elect to adopt the broader standards for discovery that are contained in the Alabama Rules of Civil Procedure.”

Written by the judges who cited it.

The opinion

SHAW, Judge,

concurring in part and concurring in the result.

I concur in Parts I through VIII of the main opinion and I concur in the result reached in the opinion. I do not, however, agree with the rationale in Part IX. As I understand the main opinion, the trial court is directed to vacate its rulings on the two discovery motions and to reconsider Jackson’s discovery requests in light of the applicable law cited in the opinion and by applying the appropriate “good cause” standard discussed in Ex parte Land, 775 So.2d 847 (Ala.2000), and Ex parte Mack, 894 So.2d 764 (Ala.Crim.App.2003).

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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