Supreme Court of Alabama

Ex Parte Brandon Johnson (in Re: State of Alabama v. Brandon Johnson)

November 15, 2016236 So. 3d 852

Summary

The Supreme Court of Alabama denied Brandon Johnson's motion to reinstate his earlier mandamus petition, holding that the motion was effectively a new petition for mandamus that failed to satisfy procedural requirements, including attaching the trial judge's recusal order. The Court also noted it lacks original jurisdiction over such mandamus petitions, which must be filed in the Court of Criminal Appeals. Justice Murdock dissented, arguing the motion should be granted despite the missing attachment.