Ex parte Luker.

Decision Date22 April 1977
Citation344 So.2d 1224
PartiesEx parte John David LUKER. SC 2045.
CourtAlabama Supreme Court

Certiorari to the Court of Criminal Appeals, 344 So.2d 1219.

W. Clinton Brown, Jr., of Crawford, Blacksher, Figures & Brown, and H. Diana Hicks, Mobile, for petitioner.

William J. Baxley, Atty. Gen. and Eric A. Bowen, Asst. Atty. Gen., for the State, respondent.

TORBERT, Chief Justice.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

BLOODWORTH, MADDOX, FAULKNER, JONES, ALMON, SHORES, EMBRY and BEATTY, JJ., concur.

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4 cases
  • Terry v. State
    • United States
    • Alabama Court of Criminal Appeals
    • January 20, 1981
    ...volunteered statements fall outside the mandate of Miranda. Luker v. State, Ala.Cr.App., 344 So.2d 1219 (1976), cert. quashed, Ala., 344 So.2d 1224 (1977). Likewise, statements not made in answer to questioning are outside the scope of Miranda. Barnes v. State, 45 Ala.App. 6, 221 So.2d 399 ......
  • Ex parte Chambers
    • United States
    • Alabama Supreme Court
    • September 25, 1987
    ...found within the Controlled Substances Act itself. Accord, Luker v. State, 344 So.2d 1219, 1224 (Ala.Crim.App.1976), writ quashed, 344 So.2d 1224 (Ala.1977). Section 20-2-76 "(a) Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twi......
  • Sturdivant v. State
    • United States
    • Alabama Court of Criminal Appeals
    • August 2, 1983
    ...of the two prongs of this issue. XI Any comfort appellant finds in Luker v. State, 344 So.2d 1219 (Ala.Cr.App.1976), writ quashed, 344 So.2d 1224 (Ala.1977), in which appellant's enhanced punishment was imposed in accordance with the applicable provision of the Controlled Substances Act, is......
  • Luker v. State, 1 Div. 327
    • United States
    • Alabama Court of Criminal Appeals
    • June 8, 1982
    ...was sentenced to 30 years. The conviction was affirmed by this court in Luker v. State, 344 So.2d 1219 (Ala.Cr.App.); writ quashed, 344 So.2d 1224 (Ala.1977). The trial court, pursuant to the drug recidivist statute, sentenced appellant to 30 years because of his prior narcotics convictions......

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