Opinion

Ex Parte Nice

  • 407 So. 2d 874
Court
Supreme Court of Alabama
Filed
Jul 17, 1981
Status
Published
Author
Shores
On the bench
Jones, Maddox, Shores
Cited by
45 cases

noting that mandamus should not be a substitute for appeal and can only issue “in aid of appellate jurisdiction” if the petitioner has the right to appeal

How later courts described this case

  • noting that mandamus should not be a substitute for appeal and can only issue “in aid of appellate jurisdiction” if the petitioner has the right to appeal
  • “[O]nly the rarest of circumstances merit an intervention in a criminal case[.]”
  • "The Court of Criminal Appeals has authority to issue such remedial and original writs as are necessary to give it a general superintendence and control of the circuit courts in criminal matters, over which it has exclusive appellate jurisdiction."

Written by the judges who cited it.

The opinion

I dissent. I cannot agree that a circuit judge in granting a new trial because he feels "that an injustice has probably been done" is "guilty of usurpation of power." I would, therefore, overrule the application for rehearing.

*Page 337

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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