Ex Parte Brodrick Fearn Petition for Writ of Certiorari to the Court of Criminal Appeals (in Re: City of Huntsville…

Summary

The Alabama Supreme Court affirmed the Court of Criminal Appeals' judgments, holding that the petitioners’ certiorari petitions were timely, that they did not waive their challenges to municipal‑court complaints, and that the complaints satisfied the pleading requirements of Rule 13.2(a). The Court reasoned that defects in a charging instrument do not divest subject‑matter jurisdiction and that Rule 15.2(d) permits raising failure‑to‑charge challenges at any stage of the proceeding.