Ex parte Congo

Decision Date02 April 1982
Citation412 So.2d 276
PartiesEx parte Billy D. CONGO. (In re: Billy D. Congo v. State of Alabama). 81-428.
CourtAlabama Supreme Court

Petition for Writ of Certiorari to the Court of Criminal Appeals.

J. Thomas Conwell, Jr., Conwell & Conwell, Huntsville, for petitioner.

Charles A. Graddick, Atty. Gen., for respondent.

ALMON, Justice.

The petition for writ of certiorari, 409 So.2d 475, is denied on authority of Michigan v. DeFillippo, 443 U.S. 31, 99 S.Ct. 2627, 61 L.Ed.2d 343 (1979).

In denying the writ of certiorari in this case, this Court does not wish to be understood as approving or disapproving all the language used or all the statements of law made by the Court of Criminal Appeals. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).

WRIT DENIED.

TORBERT, C. J., and FAULKNER, EMBRY and ADAMS, JJ., concur.

To continue reading

Request your trial
23 cases
  • Moore v. State
    • United States
    • Alabama Court of Criminal Appeals
    • July 17, 1984
    ...Luster v. State, 433 So.2d 481 (Ala.Crim.App.1983); Congo v. State, 409 So.2d 475 (Ala.Crim.App.1981), cert. denied, 412 So.2d 276 (Ala.1982); Holley v. State, 447 So.2d 829 The appellant further argues that the trial court should have granted her a new trial because the jury returned a gen......
  • Smith v. State
    • United States
    • Alabama Court of Criminal Appeals
    • September 20, 1991
    ...the substance only up through the completion of the analysis." Congo v. State, 409 So.2d 475, 479 (Ala.Cr.App.1981), cert. denied, 412 So.2d 276 (Ala.1982). "The purpose of establishing a chain of custody is to show a reasonable probability that there has been no tampering with the item of ......
  • Land v. State
    • United States
    • Alabama Court of Criminal Appeals
    • January 13, 1995
    ...the substance only up through the completion of the analysis.' Congo v. State, 409 So.2d 475, 479 (Ala.Cr.App.1981), cert. denied, 412 So.2d 276 (Ala.1982). 'Any alteration or substitution of the items after [the expert] finished her analysis and comparison would, therefore, have been immat......
  • Parker v. State
    • United States
    • Alabama Court of Criminal Appeals
    • September 20, 1991
    ...the substance only up through the completion of the analysis." Congo v. State, 409 So.2d 475, 479 (Ala.Cr.App.1981), cert. denied, 412 So.2d 276 (Ala.1982). "Any alteration or substitution of the items after [the expert] finished her analysis and comparison would, therefore, have been immat......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT