Ex parte Johnny Luke. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Johnny Luke v. State of Alabama)(Russell Circuit Court: CC82-320.62; Criminal Appeals : CR-09-0414). Writ Denied. No Opinion.
Annotate this Case
Download PDF
REL: 08/20/2010 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 2290649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA SPECIAL TERM, 2010 ____________________ 1091202 ____________________ Ex parte Johnny Luke PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Johnny Luke v. State of Alabama) (Russell Circuit Court, CC-82-320.62; Court of Criminal Appeals, CR-09-0414) SMITH, Justice. WRIT DENIED. NO OPINION. 1091202 Lyons, Woodall, Stuart, Bolin, Parker, and Murdock, JJ., concur. Cobb, C.J., dissents. 2 1091202 COBB, Chief Justice (dissenting). The petitioner, Johnny Luke, asserts that his indictment was defective jurisdictional. and that the alleged defects were In making this argument, Luke contends that this Court should overrule Ex parte Seymour, 946 So. 2d 536 (Ala. 2006), in which this Court overturned settled precedent and held that the failure to allege an essential element of an offense in an indictment is not a jurisdictional defect. Ex parte Seymour was wrongly decided, as noted in my dissent in A.L.L. v. State, [Ms. 1080395, August 21, 2009] __ So. 3d __, __ (Ala. 2009) (Cobb, C.J., dissenting), and as further discussed by Justice Murdock in his dissent in the same case, __ So. 3d at __ (Murdock, J., dissenting). See also Ex parte Miller, [Ms. 1080782, Dec. 18, 2009] __ So. 3d __, __ (Ala. 2009) defect (Cobb, is C.J., that it dissenting). abrogates an "Seymour's express most provision glaring of the Alabama Constitution: 'No person shall for any indictable offense be proceeded against criminally by information ....' Ala. Const. 1901, Art. I, ยง 8." A.L.L., __ So. 3d at __ n.5 (Cobb, C.J., dissenting). I believe this Court should grant the writ in this case and revisit Ex parte Seymour. 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
