Whirley v. State
| Court | Supreme Court of Alabama |
| Writing for the Court | HOUSTON; TORBERT; JONES; JONES |
| Citation | 481 So.2d 1154 |
| Parties | Ex parte State of Alabama (Re: Kenneth WHIRLEY v. STATE of Alabama). 84-496. |
| Decision Date | 10 January 1986 |
Page 1154
(Re: Kenneth WHIRLEY
v.
STATE of Alabama).
Certiorari to the Court of Criminal Appeals (3 Div. 25).
Charles A. Graddick, Atty. Gen., and M. Beth Slate, Asst. Atty. Gen., for petitioner.
J. Robert Faulk, Prattville, for respondent.
HOUSTON, Justice.
Because the State of Alabama has conceded that vehicular homicide as provided for in § 32-5A-192, Code 1975, is not a lesser included offense as to murder pursuant to § 13A-6-2, Code 1975, the writ is quashed. See Ex parte Jordan [MS. 84-621, January 10, 1986], --- So.2d ---- (Ala.1986).
WRIT QUASHED AS IMPROVIDENTLY GRANTED.
TORBERT, C.J., and MADDOX, FAULKNER, ALMON, SHORES, BEATTY and ADAMS, JJ., concur.
JONES, J., concurs specially.
JONES, Justice (concurring specially).
I concur in the judgment quashing the writ and allowing the Court of Criminal Appeals' judgment of reversal to stand, 481
Page 1155
So.2d 1151, because it is the function of the parties and not of the Court to formulate the issues. The State has conceded the invalidity of the only issue raised in its petition for the writ; thus, nothing is presented for our review.This does not mean, however, that this Court is bound by the State's concession that vehicular homicide is not a lesser included offense as to murder. Indeed, this Court has this date held that in appropriate factual contexts vehicular homicide (Code 1975, § 32-5A-192) is a lesser included offense as to murder (§ 13A-6-2). Ex parte Jordan, [MS. 84-621, January 10, 1986] --- So.2d ---- (Ala.1986).
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Kitsos v. State, 1 Div. 43
...or to the regulation of traffic....' Ala.Code 1975, § 32-5A-192." Whirley v. State, 481 So.2d 1151, 1154 (Ala.Cr.App.1985), writ quashed, 481 So.2d 1154 (Ala.1986). State law prohibits a person from driving a vehicle while "[u]nder the influence of alcohol," § 32-5A-191(a)(2), and also requ......
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Ross v. State, 8 Div. 624
...here. See, e.g., Updyke v. State, 501 So.2d 566 (Ala.Cr.App.1986); Whirley v. State, 481 So.2d 1151 (Ala.Cr.App.1985), writ quashed, 481 So.2d 1154 (Ala.1986). Compare Shiflett v. State, 507 So.2d 1056 (Ala.Cr.App.1987). However, such an interpretation would be drawn into question by such c......
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Fields v. State, 1 Div. 857
...provisions, it made the offense both a misdemeanor and a felony. Whirley v. State, 481 So.2d 1151 (Ala.Cr.App.1985), cert. quashed, 481 So.2d 1154 (Ala.1986). After release of the opinion in Whirley, appellant herein filed a supplemental letter brief with this court claiming that our decisi......
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State v. Whirley, 3 Div. 596
...of certiorari "[b]ecause the State of Alabama ... conceded that vehicular homicide ... is not a lesser included offense as to murder." 481 So.2d 1154 (Ala.1986). Both our Supreme Court and the Attorney General have characterized this concession as a "procedural error." Newberry v. State, 49......
-
Kitsos v. State, 1 Div. 43
...or to the regulation of traffic....' Ala.Code 1975, § 32-5A-192." Whirley v. State, 481 So.2d 1151, 1154 (Ala.Cr.App.1985), writ quashed, 481 So.2d 1154 (Ala.1986). State law prohibits a person from driving a vehicle while "[u]nder the influence of alcohol," § 32-5A-191(a)(2), and also requ......
-
Ross v. State, 8 Div. 624
...here. See, e.g., Updyke v. State, 501 So.2d 566 (Ala.Cr.App.1986); Whirley v. State, 481 So.2d 1151 (Ala.Cr.App.1985), writ quashed, 481 So.2d 1154 (Ala.1986). Compare Shiflett v. State, 507 So.2d 1056 (Ala.Cr.App.1987). However, such an interpretation would be drawn into question by such c......
-
Fields v. State, 1 Div. 857
...provisions, it made the offense both a misdemeanor and a felony. Whirley v. State, 481 So.2d 1151 (Ala.Cr.App.1985), cert. quashed, 481 So.2d 1154 (Ala.1986). After release of the opinion in Whirley, appellant herein filed a supplemental letter brief with this court claiming that our decisi......
-
State v. Whirley, 3 Div. 596
...of certiorari "[b]ecause the State of Alabama ... conceded that vehicular homicide ... is not a lesser included offense as to murder." 481 So.2d 1154 (Ala.1986). Both our Supreme Court and the Attorney General have characterized this concession as a "procedural error." Newberry v. State, 49......