L.M.A.W. v. State, CR-91-1261
Decision Date | 23 October 1992 |
Docket Number | CR-91-1261 |
Citation | 611 So.2d 497 |
Parties | 80 Ed. Law Rep. 742 L.M.A.W. v. STATE. |
Court | Alabama Court of Criminal Appeals |
Luke E. Alexander, Russellville, for appellant.
James H. Evans, Atty. Gen., and Randall McNeill, Asst. Atty. Gen., for appellee.
Fourteen-year-old L.M.A.W. was adjudicated a delinquent by the Juvenile Court of Franklin County based on a petition charging disorderly conduct. She was committed to the Department of Youth Services "HIT" program. That commitment was suspended and the appellant was placed in the Florence, Alabama "Attention Home," was fined $50.00, and was ordered to pay court costs and attorneys fees. On appeal, the appellant claims that her conduct did not constitute disorderly conduct as that offense is defined in Ala.Code 1975, § 13A-11-7. We agree.
On March 10, 1992, the appellant and her parents met with Mike Graham, the principal of Phil Campbell High School so that Mr. Graham could inform the appellant that she had been expelled from school. Phil Campbell Police Chief J.R. Holt was also present. Chief Holt testified that after the appellant was told of her expulsion, she left the principal's office and walked down the hall towards the outer door by the office. The appellant looked at Chief Holt, who was about 20 feet behind her, jerked open the outer door, said "I don't need this fuckin' school anyway," and violently slammed the door behind her. R. 16.
At the time, classes were in session and there were no students or teachers in the hallway. Chief Holt was the only person who heard the appellant's remark.
Ala.Code 1975, § 13A-11-7(a)(3) (emphasis added). The "abusive or obscene language" provision of the disorderly conduct statute "is very narrow and applies only to 'fighting words.' " Mosley v. City of Auburn, 428 So.2d 165, 166 (Ala.Cr.App.1982), superseded by court rule on other grounds, as noted in Mason v. City of Vestavia Hills, 518 So.2d 221 (Ala.Cr.App.1987).
Swann v. City of Huntsville, 455 So.2d 944, 950 (Ala.Cr.App.1984). Cf. Robinson v. State, [Ms. CR 90-1658, September 30, 1992], 1992 WL 241148 (Ala.Cr.App.1992) ( ); Shinault v. City of Huntsville, 579 So.2d 696, 699-700 (Ala.Cr.App.1991) ( )(Bowen, J., concurring).
"In Swann, we observed...
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