Ex Parte State of Alabama. (in Re State of Alabama v. Charles Marquis Simmons)

Summary

The Supreme Court of Alabama held that the circuit court possessed subject‑matter jurisdiction over Charles Marquis Simmons’s de novo appeal despite the absence of the original charging instrument, reversing the Court of Criminal Appeals and remanding for further proceedings. The Court reasoned that filing the original complaint is not a jurisdictional prerequisite, relying on Ex parte Seymour, Stegall, and Young. A dissent argued the opposite, contending that the charging instrument is required by Rule 2.2(d) and the state constitution, while a concurrence agreed with the majority’s result but noted the issue of the accused’s right to the original instrument remains unresolved.