Ex parte Talley

Decision Date10 January 1986
Citation483 So.2d 1372
PartiesEx parte David Lamar TALLEY. (Re: David Lamar Talley v. State of Alabama). 84-868.
CourtAlabama Supreme Court

HOUSTON, Justice.

The original opinion in this case is withdrawn and the following opinion substituted in its place.

We granted certiorari to consider whether Talley, a juvenile, should have been taken directly to the intake office of a juvenile detention facility after his arrest rather than to the Youth Aid Division of the Montgomery Police Department. Having found that nothing in Code 1975, § 12-15-58 et seq., precludes the transport of an arrested juvenile to a police department first before transfer to a juvenile facility, this Court concludes that the writ should be quashed.

ORIGINAL OPINION WITHDRAWN; OPINION SUBSTITUTED; APPLICATION OVERRULED; WRIT QUASHED AS IMPROVIDENTLY GRANTED.

TORBERT, C.J., and MADDOX, FAULKNER, JONES, SHORES, BEATTY and ADAMS, JJ., concur.

ALMON, J., recused.

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11 cases
  • Griffin v. State, 2 Div. 491
    • United States
    • Alabama Court of Criminal Appeals
    • 12 Agosto 1986
    ...material variance exists when the variance misleads the accused or substantially impairs him in making his defense. Talley v. State, 483 So.2d 1369, 1370 (Ala.Cr.App.1985), cert. quashed, 483 So.2d 1372 (Ala.1986); Phillips v. State, 446 So.2d 57, 62 (Ala.Cr.App.1983), cert. denied, 467 U.S......
  • D.M.M. v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 17 Junio 1994
    ... ... See Ex parte Whisenant, 466 So.2d [1006, 1007 (Ala.1985) ]. See also Atchison v. State, 565 So.2d 1186, 1188 (Ala.Cr.App.1990) (referring to the rights ... -15-58 et seq., precludes the transport of an arrested juvenile to a police department first before transfer to a juvenile facility.' Ex parte Talley, 483 So.2d 1372 (Ala.1986). 'Alabama has no prohibition against a law enforcement officer arresting a juvenile for a delinquent act and taking the ... ...
  • Carr v. State, 5 Div. 290
    • United States
    • Alabama Court of Criminal Appeals
    • 28 Abril 1989
    ... ... Ex parte Johnson, 522 So.2d 234 (Ala.1988); Crowe v. State, 485 So.2d 351 (Ala.Cr.App.1984), reversed on other grounds, 485 So.2d 373 (Ala.1985). When the ... This court has implicitly recognized the differences in these two phases. We noted in Talley v. State, 483 So.2d 1369, 1371 (Ala.Cr.App.1985), cert. quashed, 483 So.2d 1372 (Ala.1986), that Rule 11 anticipates that a child will be questioned ... ...
  • Chambers v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 28 Octubre 1986
    ...seq., precludes the transport of an arrested juvenile to a police department first before transfer to a juvenile facility." Ex parte Talley, 483 So.2d 1372 (Ala.1986). "Alabama has no prohibition against a law enforcement officer arresting a juvenile for a delinquent act and taking the juve......
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