
    Ex parte Joseph Earl JENKINS. (Re Joseph Earl Jenkins v. State).
    1950733.
    Supreme Court of Alabama.
    May 24, 1996.
    Gary L. Blume of Blume & Blume, Tuscaloosa, for petitioner.
    Jeff Sessions, Atty. Gen., for respondent.
   INGRAM, Justice.

WRIT DENIED.

HOOPER, C.J., and MADDOX, SHORES, KENNEDY, COOK, and BUTTS, JJ., . concur.

ALMON and HOUSTON, JJ., dissent.

HOUSTON, Justice

(dissenting).

In my opinion, the form styled “Plea of Not Guilty and Waiver of Arraignment” used in Tuscaloosa County allowed the defendant to file a plea of former jeopardy at a later date, before the trial, in compliance with Rule 15.3(a)(1), Ala.R.Crim.P. Any other interpretation of that form would mislead a defendant to his prejudice. Therefore, I would hold that the plea was timely filed, and I would address the issue of double jeopardy head-on. To do this, it would be best to grant the petition so that we could hear from all sides on this important constitutional issue. I would issue the writ of certiorari; therefore, I dissent.  