Ex Parte State of Alabama. (in Re State of Alabama v. Greenetrack, Inc.). State of Alabama v. Greenetrack, Inc. Ex…

Summary

The court held that the Rule 3.13 proceedings were civil actions within its appellate jurisdiction, but that the trial court lacked subject-matter jurisdiction to order the return of property seized as alleged contraband while related forfeiture actions were pending. It also held that the district judge used an erroneous legal standard in refusing search warrants and that the State's evidence established probable cause that the machines were illegal gambling devices rather than bingo. The Rule 3.13 judgments were vacated and the related proceedings dismissed, while the warrant petition was granted and remanded for immediate issuance of the warrants. Justices Main, Moore, and Bryan concurred separately regarding the appellate-jurisdiction analysis and, for Justice Moore, the basis for the Rule 3.13 disposition.