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Ex Parte Robert Gary Coker

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eBook details

  • Title: Ex Parte Robert Gary Coker
  • Author : Supreme Court of Alabama
  • Release Date : January 07, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 80 KB

Description

A few observations are appropriate before we address the new issues raised on rehearing. When this case was originally briefed
and orally argued, Assistant Attorney General Joseph G. L. Marston III did not provide the Court with the list of some 142
bills that are now alleged to have been pocket vetoed by the Governor in March 1982 or two other lists of hundreds of bills
now alleged to have been pocket vetoed in 1969 and 1971. After the case was argued and submitted, Mr. Marston filed a motion
to set aside submission and allow him to further brief the following issue: "Where a bill fails to become law because of procedural
errors in the legislative process but the provisions of the bill are incorporated into a code which is subsequently enacted
in accordance with the Constitution, do such provisions become law, like the other provisions of the code?" That issue, of
course, was already before the Court on the original submission, so the motion was denied. The motion to set aside submission did not list the 142 bills from the 1982 Regular Session or the other bills from 1969
and 1971, now appended to the State's rehearing brief. See Ala. Acts 1982, Acts No. 82-422 through -628; 4 Ala. Acts 1971,
Acts No. 1977 through 2488; Ala. Acts 1969, Acts No. 828 through 1255. 5 After this Court's December 7, 1990, opinion in
this case, Mr. Marston made statements to the press regarding the effect of our opinion on approximately 142 bills. We note
that Mr. Marston represented the State in State v. Eley, 423 So.2d 303 (Ala. Crim. App.), cert. denied, 423 So.2d 305 (Ala.
1982); and State v. Miller, 426 So.2d 949 (Ala. Crim. App. 1983), where the pocket veto issue was also presented.


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