AdministrativeLaw
Whether the Mobile County Circuit Court abused its discretion in granting an eviction order while the petitioner was in bankruptcy
QUESTION(S) PRESENTED DDD MOBILE County CuRcurr Coukt SuDbE RoBERT Smith ABUSE thSd DIbLRENioN BY GRANTING BvicTioN ORDER iN livid CASEH OV II OB 52 whLé PELTIONER WERE IN BawRRUPTCY & 2). Dd DIE moBiLe Counsy CRtUIT CLERK VO LATE HER ont OOF ice ‘Aal) ABUSED HER DSARETION BY Wor BNIERING DEPAUL Supemént” iN CALE Not ay |/-0G52 CountER CLAlm PuRSUANT . to Rué SEA ID AK, ew. Po F ean il 3), DID moBiLe counts CakewTT CouRT ABUSE 1% DISCRETION / , Oe Te bISe 5582 BY NeT Allownla PENTIONER TO CAI] st WITNESSES ON HIS BEHALF OR 4uBmut EVIDENCE on His Benn . ; cyuReurT CouRT ABUSE 175 DISLBETION IN | 0 ase Oe Oe a8e BY Pullin THIS PEDTIONER ON TRIAL 8B wiltouT FIRST HIVING tps ARRAIGNED BY). Dib WE TRAL DuDbE ABUSE Hd DISCRETION To REUSE HIMSELF WHEN HE WAS AWARE HE ORAL SUDGE) WAS THE DEFEND AN mh bane Acriby WEN VENDING In THE U.S DISTRICT uw JHE DEFENDANT IN THE CASE HE WAS & OVER whb THE TWAWSPF? e Phe sion (2), DID THE TRIAL wudGE ABusE HS DSLBETION BY STOPPING HE PROCEEDINGS AND PurlinGs A PROSPECTIVE SUROR BACK ON THE SURY ALTER SHE HA) BEEN “STRICKEN For (husk ” BY DEFENSE WHEN SHE ATRTED HER HusBAN WAS /15 /€ cousin ONE OF THE MOBILE CouNnTY DISTRICS AtORNEY 2 D, DID WE TRIAL SudDbEe ABUSE v DiSLREVION Wien HE LD ThE DEFENDANT JE HE ONE DEFENDEND DIDNT TAKE SHE WiINESS STAND HE DEFENDANT) Could Not OFFER AYIDENCE ON Hid BEHALF ? . 1oFY 5 QueSTIONS TResenreD CONT: &. Dd TRE TRIAL Subbe ABUSE HIS D1StRETTON BY LoING INTO SHE SuRY Boom DURING ZURY DELIBERATIONS AN)) MARKING THE VERDICT CARD “Gut y” £ 2), Did THe RAL Subeé NBust ths DIStRETiON BY uaa CASES 1B TO BORE, OLD To ENHANCE DEFEADANS SENTENCE + 1A), DD mow County CaRowiT cover Riel court) ABuck 17% DA4AREVON BY EXTENDING THE DIAIRICT ANORNEYS Dé 70 HEYLY To WBENDANTS Kulé 32 (OF CoNVILTION LZITION FivE (68) MONTES witout THE Disthicr AIBANEY Monon ING SOR MORE TIME AFTER THE 20 DAY RulE 1 RESPOND EXPIRED? ID, DD HE ALABAMA CouRT OF CRiminAL APEALS PBu be 17'S DIGLRETION WHEN IT CHANGED 7415 PENTONER 5 BRIEF BY ADDING 20 PAGES OF ITS CHooSiNb O/T OF THE 3/0 PACES Submitted AS EVIDENCE AND EXHIBITS FOR DEFENDENT 5 INITIAL BRIEF? (A), Di HE ALABAMA CovRT OF ORimAAL AALS ABUSE 1° DISCRENON BY No Ruylyn@ IW PELTIONER 1 FAVOR on CAIING FOR AN) EVIDENTIARY HEARING WHEN TRIAL COoWPS Abo VED SIME OF ALABAMA S ANAWERS VERBATIM RESET MG TVENONER 5 Rulé 232 foST CanticiON Perr nol? 13), DID THE ALABAMA SUPREME CouaT ABUSE 17 DISCRETION WHEN iT fn 1 ORANT PETTONER’S Wert oF MANDAMUS TO LamPEL THE ALABAMA Court oF CRIMIMAL AYFENS 76 Follow THE AuLé oF LAW ESTABLISHED BY aE ALABAMA SUPREME COURT IN Rulinos In BX PARTE GRAm AND EX PARTE Seow ConezRNING WE ANOPTION OF THE VERBATIM ANSWERS OF THE SIME oF ALABAMA Resecting Aenoneks Fuleé 82 fection, A of 4 Questions FreseNc2D en 6), ||) ID. Did) WE SIME 0K ALABAMA ABusk 5 DiSCKETION BY SIATING VENTIONER WERE FRoGETDURAVY BARRED TR NOT Gwin THE ALABAMA SuREME Court AW) OP ORTUNITY 7 ADDRESS THE 13608 KAs£D BY. ATMNER IN Wb Kule 32 feriig AND kuLED AW BY THE ALABAMA CovRS OF CRimiNAL AVEALS 5 Wh The0uT EXAMING THE Couki's RECORD} 15). Did HE U4. Distr COVRTIS. MAGIBTARE ABUSE 118 DISCRETION BY RECOMMENDING THIS PENOMER» fenton FOR WRIT OF HABEAS LORPUS BE DEN/Eb: SIATING 73 TETIONER WAS PRotEDuRANY BARRED without EXAMING THE SIME CovkTS KECoRDS 7 ib), Ty) WE U5. Diether Court FORTHE BoutheRn DISTRICT oF ALABAMA ABUSE 17S DISCRETION AND ERGOR BY DENYING hs VEGTIONER AW) Ev DENTARY HEAPING? 17), 21D THE Ueb, DiSTBICT CaUbe FOR THE DIUTHERN DISTR OF ALABAMA ABUSE ITS Ditrenon MD ERPOR WHEN 17 NEGLECTED 175 OBLIGATION 70 BLRUTINIZE THE RECORD 70 SEE IF LETITIONER AHouLD BE PkotEhuAAlY BARBED. 18), DID THE U8, DISTRICT LOURT FR THE S0uTHEEN DISTRICT OF ALABAMA ABust 1. WACkETION AND ERRok WHEN 17 DENED LetiTiwEk& kilt 7¢ APLEAL AND OR DEWED FEYTIONER'5 CERTIFICATE OF AYAL (C:0.2) wath! FRI CHAKING TAG RECORD, 8 of H Questiond PRESenv/ED CONT, 19), DD WE v.B. WSR Cl COUkS POR THE SOUTHERN Disthret OF ALABAMA ABUSE 175 WECRETION AND ERROR BY A