Justia Alabama Supreme Court Opinion Summaries
Articles Posted in Constitutional Law
Young Americans for Liberty at the University of Alabama in Huntsville, et al. v. St. John IV, et al.
Joshua Greer, a student at the University of Alabama in Huntsville ("the University"), and Young Americans for Liberty, a student organization at the University ("the plaintiffs"), appealed a judgment dismissing their action challenging the legality of the University's policy regulating speech in outdoor areas of the University's campus ("the policy"). The policy allowed University students and student organizations, among others, to reserve and use outdoor spaces on campus to engage in speech. Whether a reservation is required depends on the nature of the students' activities and expression. The general rule was that students had to make reservations for activities that make use of the outdoor areas of campus. No reservation was needed for "casual recreational or social activities," a term that the policy did not define. Similarly, no reservation was needed for "spontaneous activities of expression, which are generally prompted by news or affairs coming into public knowledge less than forty-eight (48) hours prior to the spontaneous expression." The policy then lists 20 designated areas on campus where spontaneous speech was allowed. Plaintiffs alleged that the policy violated the "Alabama Campus Free Speech Act" insofar as the policy generally required reservations for speech, creates the exception for "spontaneous" speech, and creates designated areas on campus for that spontaneous speech. The Alabama Supreme Court reversed the judgment dismissing the action on two grounds: (1) the policy plainly violates the Act insofar as the policy creates designated areas for spontaneous speech; and (2) there is at least one unresolved factual issue concerning the evaluation of the policy's time, place, and manner restrictions. View "Young Americans for Liberty at the University of Alabama in Huntsville, et al. v. St. John IV, et al." on Justia Law
Posted in:
Constitutional Law, Education Law
Ex parte Dennis Morgan Hicks.
Dennis Morgan Hicks was convicted of one count of capital murder for the killing of Joshua Duncan. The murder was made capital because Hicks committed it while he was under a sentence of life imprisonment. Hicks was also convicted of one count of second-degree theft of property. By a vote of 11-1, the jury recommended that Hicks be sentenced to death on the capital-murder conviction. The Circuit Court followed the jury's recommendation and sentenced Hicks to death on the capital-murder conviction; it sentenced him to time served on the second-degree theft-of-property conviction. Hicks appealed to the Alabama Court of Criminal Appeals, and, on original submission, that court affirmed Hicks's conviction but remanded the case for the trial court to address some sentencing issues. The Court of Criminal Appeals ultimately affirmed the death sentence. To the Alabama Supreme Court, Hicks argued the Court of Criminal Appeals erred: (1) in holding his right to counsel was not violated at the time of a pretrial mental evaluation; and (2) in holding that Dr. Karl Kirkland's testimony regarding Hicks' pretrial mental evaluation was admitted properly. Finding no reversible error, the Supreme Court affirmed the appellate court's judgment. View "Ex parte Dennis Morgan Hicks." on Justia Law
Posted in:
Constitutional Law, Criminal Law
Burkes v. Franklin
This appeal arose from a quo warranto action initiated by a February 2022 complaint filed Frederick A. Burkes, Sr., on the relation of the State of Alabama, in which he alleged that James Franklin "has unlawfully usurped the public office of the constable for District 59 in Jefferson County, Alabama." Franklin moved to dismiss the quo warranto action in June 2022, which the circuit court granted. In July 2022, the Alabama Supreme Court issued its decision in a case related to this quo warranto action, holding the circuit court lacked subject-matter jurisdiction because Burkes had not given the circuit court security for costs, as required by § 6-6-591(b), Ala. Code 1975, and that the circuit court's judgment in the prior action was therefore void. This Court then dismissed the appeal because a void judgment will not support an appeal. Burkes argued here that, because the circuit court did not have subject-matter jurisdiction over the prior action, the circuit court erroneously dismissed the quo warranto action on the grounds of res judicata and collateral estoppel. To this the Supreme Court concurred, reversed dismissal of the quo warranto action, and remanded for further proceedings. View "Burkes v. Franklin" on Justia Law
Posted in:
Civil Procedure, Constitutional Law
Ex parte Charlie Byrd
After being indicted by a grand jury for unlawful possession of a controlled substance -- delta-9- tetrahydrocannabinol (synthetic marijuana), Charlie Byrd filed a motion to suppress the evidence that was the basis of his indictment on the ground that it was the product of an unlawful search and seizure. The motion was denied, and Byrd conditionally pled guilty, reserving the right to appeal the denial of the motion to suppress. Byrd was sentenced to 60 months in prison, with 12 served and 24 months of supervised probation. The Court of. Criminal Appeals affirmed Byrd’s conviction, and he appealed to the Alabama Supreme Court. Finding no reversible error, the Supreme Court affirmed the Court of Criminal Appeals. View "Ex parte Charlie Byrd" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Jones v. Alabama
In January 2018, Whitney Jones, an inmate in the Mobile County Metro Jail and a participant in the jail's work-release program, left her work-release job and did not return to the work-release barracks. As a result, Jones was charged with, and convicted of, second-degree escape, a felony. The Alabama Court of Criminal Appeals affirmed Jones's conviction. The Alabama Supreme Court granted certiorari review to consider whether an inmate, like Jones, who escapes from a county work-release program authorized pursuant to Ala. Code 1975, §§ 14-8-30 through 14-8-44 ("the county work-release statutes"), could be convicted of escape pursuant to one of the escape statutes in the Alabama Criminal Code, Ala. Code 1975, §§ 13A-10-30 through 13A-10-33 ("the escape statutes"), which would be punishable as a felony, or whether such an escape is punishable only as a misdemeanor pursuant to Ala. Code 1975, §§ 14-8-42 and 14-8-43. The Supreme Court concluded that escapes from county work-release programs were governed by the escape statutes. Accordingly, the Court affirmed the judgment of the Alabama Court of Criminal Appeals. View "Jones v. Alabama" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Ex parte Whitney Owens Jones.
In January 2018, Whitney Jones, an inmate in the Mobile County Metro Jail and a participant in the jail's work-release program, left her work-release job and did not return to the work-release barracks. As a result, Jones was charged with, and convicted of, second-degree felony escape. The Alabama Court of Criminal Appeals affirmed Jones's conviction. The Alabama Supreme Court granted certiorari review to consider whether an inmate, like Jones, who escapes from a county work-release program authorized pursuant to Ala. Code 1975, §§ 14-8-30 through 14-8-44 could be convicted of escape pursuant to one of the escape statutes in the Alabama Criminal Code, Ala. Code 1975, §§ 13A-10-30 through 13A-10-33 ("the escape statutes"), which would be punishable as a felony, or whether such an escape was punishable only as a misdemeanor pursuant to Ala. Code 1975, §§ 14-8-42 and 14-8-43. The Supreme Court concluded that escapes from county work-release programs were governed by the escape statutes. View "Ex parte Whitney Owens Jones." on Justia Law
Posted in:
Constitutional Law, Criminal Law
Ex parte Hunter Halver Brown.
Hunter Halver Brown petitioned the Alabama Supreme Court for certiorari review in which a circuit court had denied Brown's motion to dismiss the indictment against him notwithstanding the State's purported failure to comply with the Uniform Mandatory Disposition of Detainers Act, 15-9-80 et seq., Ala. Code 1975 ("the Act"), a codification of the federal Interstate Agreement on Detainers, 18 U.S.C. App. 2 ("the IAD"). The Supreme Court granted certiorari review to consider whether, as a matter of first impression, its Court's statewide suspension of jury trials in response to the COVID-19 pandemic tolled the Act's 180-day time limit for bringing a prisoner to trial. The Court held that it did, and affirmed the Court of Criminal Appeals' decision to affirm the circuit court. View "Ex parte Hunter Halver Brown." on Justia Law
Posted in:
Constitutional Law, Criminal Law
Hawkins, et al. v. Ivey, et al.
In response to economic conditions related to the spread of COVID-19, Congress established several programs that made additional federal funds available to the states for providing enhanced unemployment-compensation benefits to eligible individuals. Alabama elected to participate in the programs, and Shentel Hawkins, Ashlee Lindsey, Jimmie George, and Christina Fox, were among the Alabamians who received the enhanced benefits. As the spread of COVID-19 waned, Governor Kay Ivey announced that Alabama would be ending its participation in the programs. When Alabama did so, the claimants received reduced unemployment-compensation benefits or, depending on their particular circumstances, no benefits at all. Two months later, the claimants sued Governor Ivey and Secretary of the Alabama Department of Labor Fitzgerald Washington in their official capacities, alleging that Alabama law did not permit them to opt Alabama out of the programs. After a circuit court dismissed the claimants' lawsuit based on the doctrine of State immunity, the claimants appealed. Finding no reversible error, the Alabama Supreme Court affirmed the circuit court. View "Hawkins, et al. v. Ivey, et al." on Justia Law
Naftel v. Alabama ex rel. Driggars
These consolidated appellate proceedings arose from a quo warranto action filed by the State of Alabama, on the relation of Charles Driggars, challenging Governor Kay Ivey's appointment of James Naftel II to the office of Judge of Probate of Jefferson County, place no. 1. In case no. 1200755, Judge Naftel, individually and in his official capacity, and Governor Ivey appealed a circuit court order denying their motion for a summary judgment. After review, a majority of the Alabama Supreme Court reversed that order and the case remanded for the circuit court to enter summary judgment in Judge Naftel and the Governor's favor. The Court's resolution of the appeal in favor of Judge Naftel and Governor Ivey made the relief sought in their petition for a writ of mandamus moot; the petition was therefore dismissed. View "Naftel v. Alabama ex rel. Driggars" on Justia Law
Posted in:
Constitutional Law, Government & Administrative Law
Glass v. City of Montgomery
Richard Glass appealed a circuit court judgment upholding the constitutionality of a municipal ordinance and a corresponding local act that authorized automated photographic enforcement of traffic-light violations within the corporate limits of the City of Montgomery ("the City"). Glass claimed the ordinance and the local act violate dArt. VI, sections 89, 104, and 105, Ala. Const. 1901 (Off. Recomp.). On August 7, 2017, Glass ran a red light at an intersection within the corporate limits of the City. The automated camera equipment at the intersection detected and photographed Glass's vehicle running the red light. As a result, the City issued Glass a civil citation. At the hearing, Glass did not dispute that his vehicle was photographed running the red light. Instead, Glass challenged the constitutionality of the Ordinance and the Act. The municipal court concluded that it lacked jurisdiction to decide Glass's constitutional claims, and it found Glass liable for the red-light violation. After review, the Alabama Supreme Court concluded Glass did not demonstrate the Ordinance and Act violated sections 89, 104, or 105 of the Alabama Constitution. Accordingly, the Court affirmed the trial court's judgment upholding the constitutionality of both. View "Glass v. City of Montgomery" on Justia Law
Posted in:
Constitutional Law