# Ex Parte Nice

> Supreme Court of Alabama · July 17, 1981 · 407 So. 2d 874

URL: https://www.frixlaw.com/law-library/cases/9933298

## Case

- **Full name:** Ex Parte: Charles M. Nice. (Re: Ex Parte: State of Alabama Ex Rel. Charles A. Graddick, Attorney General for the State of Alabama.) (In Re: State of Alabama v. Harold Pugh.) Ex Parte: Harold Pugh. (Re: Ex Parte: State of Alabama Ex Rel. Charles A. Graddick, Attorney General for the State of Alabama.) (In Re: State of Alabama v. Harold Pugh.)
- **Court:** Supreme Court of Alabama
- **Decided:** July 17, 1981
- **Citations:** 407 So. 2d 874
- **Precedential status:** Published
- **Opinion:** Dissent by Shores
- **Judges:** Jones, Maddox, Shores
- **Cited by:** 45 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9933298

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9933298. Public record. Not legal advice.