Opinion

Owens v. State

  • 728 So. 2d 673
  • 1998 WL 473548
Court
Court of Criminal Appeals of Alabama
Filed
Aug 14, 1998
Status
Published
Author
Cobb
On the bench
Brown, Cobb
Cited by
61 cases
Authority
More cited than 15.1%

stating that, “[u]n-like the Teacher Tenure Act, ... the FDA does not contain an automatic contract renewal provision”

How later courts described this case

  • stating that, “[u]n-like the Teacher Tenure Act, ... the FDA does not contain an automatic contract renewal provision”
  • holding that the general rules of preservation apply to probation revocation proceedings
  • "If, ... before the expiration of the original court-ordered probation period or before the expiration of the maximum statutory probation period, revocation proceedings are begun, then the running of the applicable period is tolled.”

Written by the judges who cited it.

The opinion

I applaud the majority for its decision to affirm the trial court in its denial of appellant's *Page 681

habeas corpus petition and to overrule the incorrect holding of Miller v. City of Dothan , 670 So.2d 509 (Ala.Cr.App. 1995).

As the author of the dissent in Miller , I am pleased that we have the opportunity to rectify the faulty Analysis in Miller . As I stated in my dissent, quoting Judge Taylor in Peoples v. State , 439 So.2d 774 (Ala.Cr.App. 1983):

"To hold otherwise would invite probationers to leave . . . until after the term of their probation and then return here with impunity. Certainly such a result was not intended."

439 So.2d at 776 .

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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