Ex parte Bobby W. Little (In re Bobby W. Little v. Fred Lawton III); Ex parte Bobby Little (In re Bobby Little v. Cindy L. Lewis); Ex parte Bobby Wayne Little (In re Bobby Wayne Little v. Ted Hooks)

837 So. 2d 822 (Ala. 2002) · Supreme Court of Alabama · June 7, 2002 · No. 1010797 through 1010799

Summary

The Supreme Court of Alabama considered three consolidated petitions for writs of mandamus filed by Bobby Wayne Little. The Court directed the trial judge to vacate orders denying Little indigency status and to reconsider his applications, requiring written reasons for any renewed denial, but it denied Little's requests for judicial recusal. The Court held that the allegations did not establish actual bias or provide a reasonable basis to question the judge's impartiality.

Holdings

  1. Little established the requirements for mandamus relief concerning the orders denying indigency status, and the circuit judge must vacate those orders.
  2. Little did not establish that the circuit judge's recusal was required because he failed to show actual personal bias or prejudice or circumstances causing the judge's impartiality reasonably to be questioned.
  3. Little did not demonstrate an absolute right to indigency status; the circuit judge must reconsider the applications and state the reason in writing for any denial.

Questions Presented

  1. Whether Little established a clear legal right to have the orders denying his indigency applications vacated.
  2. Whether the circuit judge was required to recuse himself based on the unexplained denial of indigency status and the identities or positions of the defendants.
  3. Whether Little had an absolute right to indigency status or whether the circuit judge should reconsider the applications and provide written reasons for any denial.

Disposition

other

Cases Cited (5)

  • State v. Cannon, 369 So. 2d 32, 33 (Ala. 1979)(followed)
  • Ex parte Melof, 553 So. 2d 554, 557 (Ala. 1989)(followed)
  • Ex parte United Serv. Stations, Inc., 628 So. 2d 501, 503 (Ala. 1993)(followed)
  • Ex parte Butts, 775 So. 2d 173, 176 (Ala. 2000)(followed)
  • Hartman v. Board of Trustees of the University of Alabama, 436 So. 2d 837 (Ala. 1983)(followed)

Cited In (0)

No citing cases on record yet.

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