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  • Newsome Plaintiff 080316

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    Rickey Stokes
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    The defendant filed a motion to dismiss the appeal in the Circuit Court of Houston County, Alabama. The motion argues that the court lacks jurisdiction, the underlying conviction is void because it was entered by a judge appointed by the City Manager rather than the Mayor as required by law, and when an appeal is from a void judgment the receiving court can only dismiss the appeal and not order a remand. The motion was filed and served electronically on August 3, 2016.

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    Motions in the Amos Newsome Assault case

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    The defendant filed a motion to dismiss the appeal in the Circuit Court of Houston County, Alabama. The motion argues that the court lacks jurisdiction, the underlying conviction is void because it was entered by a judge appointed by the City Manager rather than the Mayor as required by law, and when an appeal is from a void judgment the receiving court can only dismiss the appeal and not order a remand. The motion was filed and served electronically on August 3, 2016.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    3K views2 pages

    Newsome Plaintiff 080316

    Uploaded by

    Rickey Stokes
    The defendant filed a motion to dismiss the appeal in the Circuit Court of Houston County, Alabama. The motion argues that the court lacks jurisdiction, the underlying conviction is void because it was entered by a judge appointed by the City Manager rather than the Mayor as required by law, and when an appeal is from a void judgment the receiving court can only dismiss the appeal and not order a remand. The motion was filed and served electronically on August 3, 2016.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    DOCUMENT 12

    ELECTRONICALLY FILED
    8/3/2016 2:39 PM
    38-CC-2016-001133.00
    CIRCUIT COURT OF
    HOUSTON COUNTY, ALABAMA
    CARLA H. WOODALL, CLERK

    IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA


    CITY OF DOTHAN,
    Plaintiff,
    v.
    AMOS NEWSOME,
    Defendant.

    )
    )
    )
    )
    )

    CASE NO.:

    CC-2016-001133

    MOTION TO DISMISSAL APPEAL


    Come now defendant and moves this court to dismiss the appeal herein on the following
    grounds:
    1. This court lacks jurisdiction over this matter.
    2. The conviction which is the subject of this appeal arises from a court which did not
    have jurisdiction to enter the conviction. The judgement was entered by a judge appointed by the
    City Manager of the City of Dothan, rather than by the Mayor of the City of Dothan, as required
    by Ala. Code Sec. 12-14-34.
    3. When an appeal is from a void judgment, the receiving judge can only dismiss the
    appeal, but can make no further orders. See Boykin v. Law, 946 So. 2d 833, 844 (Ala. 2006)
    ([S]ince a void judgment will not support an appeal, it follows that the appeal is due to be
    dismissed.) Hence, this court can not order remand.
    Respectfully submitted,
    /s/ Henry L. Penick
    Henry L. Penick (ASB-9518-I39H)
    Penick Law Firm, P.C.
    2117 - 16 th Avenue, South
    P.O. Box 967
    Birmingham, Alabama 35201-0231
    Phone: (205) 252-2538
    E-mail: [email protected]

    DOCUMENT 12

    CERTIFICATE OF SERVICE
    I hereby certify that I have served the foregoing on this the 3 rd day of August,
    2016 by electronic filing as follows:
    Joe E. Herring, Jr., Esq.
    Attorney for City of Dothan
    P. O. Box 2128
    Dothan, AL 36302
    /s/ Henry L. Penick

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