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State v. J.Z.S.5/12/2000
The petitioner, J.Z.S., filed this petition for a writ of mandamus requesting that we direct Judge L. Scott Coogler, circuit judge for the Sixth Judicial Circuit, to transfer J.Z.S's case to the juvenile court. This case has a long and convoluted procedural history. In August 1998, J.Z.S. was indicted for leaving the scene of an accident that had resulted in injury to another person, a violation of § 32-10-2, Ala. Code 1975. J.Z.S. was 17 years old at the time of the accident. J.Z.S. moved that his case in the circuit court be dismissed, arguing that the circuit court lacked jurisdiction because he was a juvenile. At that time the State filed a response supporting J.Z.S.'s motion. Judge Gay M. Lake transferred the case to the juvenile court. Judge Herschel T. Hammer, presiding over the case in juvenile court, transferred the case back to the circuit court, stating in his order that J.Z.S. had been charged with the "traffic offense," i.e., leaving the scene of an accident resulting in injury, and that, pursuant to § 12-15-1(8), the juvenile court had no authority over the case. J.Z.S. again moved that his case be dismissed, again arguing that the circuit court lacked jurisdiction. Judge Coogler held a hearing on the motion; he then transferred the case to the juvenile court. Judge Hamner again refused to accept jurisdiction. Judge Coogler requested that the parties brief the issue of jurisdiction. After the briefs were filed, Judge Coogler ruled that leaving the scene of an accident that had resulted in injury to another person was not a traffic offense and that jurisdiction was proper in the juvenile court. Judge Philip N. Lisenby, presiding over the case in juvenile court, transferred the case back to the circuit court, citing in his order Op. Att. Gen. 139 (1995), which specifically addressed the question and concluded that leaving the scene of an accident involving injury was a traffic offense, and that, therefore, if committed by a juvenile 16 years of age or older, the act was excluded from the jurisdiction of the juvenile court. J.Z.S. once again moved to dismiss the case for lack of jurisdiction. Judge Coogler did not rule on this third motion to dismiss but did reinstate the case to the active docket of the Circuit Court of Tuscaloosa County. This petition followed.
Initially, we must determine if a petition for a writ of mandamus is the appropriate vehicle by which to review Judge Coogler's ruling. As the Alabama Supreme Court stated in Ex parte Nice, 407 So. 2d 874, 877 (Ala. 1981), "Mandamus cannot be used as a substitute for appeal, when no appeal is authorized by law or court rule, but mandamus can be used to prevent a gross disruption in the administration of criminal justice." This case presents a rare situation, as is clearly evidenced by the procedural history of the case, where "a gross disruption in the administration of criminal justice" will occur if this issue is not reviewed by mandamus petition. See Ex parte Spears, 621 So. 2d 1255 (Ala. 1993).
Before a writ of mandamus may be issued, four prerequisites must be satisfied. There must be 1) a clear legal right in the petitioner to the relief sought; 2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; 3) no adequate remedy at law; and 4) the properly invoked jurisdiction of the reviewing court. State v. Williams, 679 So. 2d 275 (Ala.Cr.App. 1996).
J.Z.S. argues that the juvenile court has exclusive jurisdiction of the case because he was 17 years old at the time of the accident. The State contends that this case should be tried in the circuit court because leaving the scene of an accident involving injury to another person is a traffic offense and if the offender is 16 years
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