# Owens v. State

> Court of Criminal Appeals of Alabama · August 14, 1998 · 728 So. 2d 673

URL: https://www.frixlaw.com/law-library/cases/9934578

## Case

- **Full name:** Brandy Keith Owens v. State.
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** August 14, 1998
- **Citations:** 728 So. 2d 673; 1998 WL 473548
- **Precedential status:** Published
- **Opinion:** Concurrence by Cobb
- **Judges:** Brown, Cobb
- **Cited by:** 61 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/9934578

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9934578. Public record. Not legal advice.