Supreme Court of Alabama, 1987

On rehearing, the court considered the appellees’ previously unraised jurisdictional objection because jurisdiction may be examined at any time. It held that, once the challenged candidate had been elected and sworn into the state senate, the state constitution committed questions about his qualifications to the…

The court held that venue was proper in the Birmingham Division, that the prior capital-offense statutes remained applicable to conduct occurring before their repeal date, and that Jackson could challenge the prosecutor’s peremptory strikes under a Batson-like rule grounded in the Alabama Constitution.