Narrative Opinion Summary
Certiorari was granted by the Supreme Court of Alabama, with the case removed from the November 2001 Argument Calendar. Charles Fried, Esq. from Cambridge, Massachusetts, is invited to submit a brief and argue as amicus curiae against the lower court's judgment, supporting the position that the United States Constitution does not prohibit imposing a suspended or probationary sentence on an indigent defendant convicted of a misdemeanor, even if incarceration may occur upon probation revocation. The brief must be filed with the Clerk and served to all parties by 3 p.m. on December 10, 2001. Responses from the parties are due by 3 p.m. on January 11, 2002. The Court's Rule 29.2 is suspended for this case, allowing Mr. Fried ten minutes of the petitioner’s oral argument time.
Legal Issues Addressed
Invitation of Amicus Curiae to Oppose Lower Court Judgmentsubscribe to see similar legal issues
Application: The Supreme Court of Alabama invited Charles Fried, Esq. to submit a brief and participate as amicus curiae in support of a specific constitutional argument against the lower court's judgment.
Reasoning: Charles Fried, Esq. from Cambridge, Massachusetts, is invited to submit a brief and argue as amicus curiae against the lower court's judgment, supporting the position that the United States Constitution does not prohibit imposing a suspended or probationary sentence on an indigent defendant convicted of a misdemeanor, even if incarceration may occur upon probation revocation.
Procedural Deadlines for Filing Briefs and Responsessubscribe to see similar legal issues
Application: The Court set specific deadlines for the filing of the amicus brief and the responses by the parties.
Reasoning: The brief must be filed with the Clerk and served to all parties by 3 p.m. on December 10, 2001. Responses from the parties are due by 3 p.m. on January 11, 2002.
Suspension of Court Rules for Oral Argument Allocationsubscribe to see similar legal issues
Application: The Court suspended Rule 29.2 to permit the amicus curiae additional oral argument time, specifically allocating ten minutes from the petitioner’s time.
Reasoning: The Court's Rule 29.2 is suspended for this case, allowing Mr. Fried ten minutes of the petitioner’s oral argument time.