Ex Parte Collier Kirksey. (in Re: Collier Kirksey v. State of Alabama)

Summary

Chief Justice Moore dissents from the Supreme Court of Alabama’s denial of a petition for a writ of certiorari. He argues that the prosecutor’s comment on Collier Kirksey’s failure to testify triggers the mandatory new‑trial provision of Ala. Code § 12‑21‑220, and that the majority erred in refusing to grant review. The dissent calls for overruling Broadway and reinstating the statutory right to a new trial.