RILEY v. CORNERSTONE COMMUNITY OUTREACH

1090808.

57 So.3d 704 (2010)

Ex parte State of Alabama et al. (In re Governor Bob RILEY et al. v. CORNERSTONE COMMUNITY OUTREACH, INC., et al. State of Alabama v. Chad Dickie et al.).

Supreme Court of Alabama.

Rehearing Denied July 30, 2010.


Attorney(s) appearing for the Case

John M. Tyson, Jr. , Timothy W. Morgan , and Martha Tierney , of the Office of Governor Bob Riley, as special prosecutors for the Governor's Task Force on Illegal Gambling, for petitioners State of Alabama, Governor Bob Riley, David Barber, Emory Folmar, and Christopher Murphy; and Henry Theodore Reagan II, of the Office of Governor Bob Riley, for petitioners Governor Bob Riley, David Barber, Emory Folmar, and Christopher Murphy.

Robert D. Segall , J. David Martin , and Shannon L. Holliday of Copeland, Franco, Screws & Gill, P.A., Montgomery, and Collins Pettaway, Jr. , of Chestanut, Sanders, Sanders & Pettaway, LLC, Selma, for respondent Cornerstone Community Outreach, Inc.; and Joe Espy III and William M. Espy of Melton, Espy & Williams, P.C., Montgomery, for respondent Freedom Trail Ventures, Ltd.

J. Douglas McElvy and Elizabeth C. Wible , deputy attys. gen.; H.E. Nix, Jr. , deputy atty. gen.; Cheairs M. Porter , special asst. atty. gen., Office of the Attorney General, brief filed on behalf of Attorney General Troy King, in support of his motion to dismiss and opposition of the petition for the writ of mandamus.


MURDOCK, Justice.

The issues raised by this petition for a writ of mandamus are: (1) whether law-enforcement activities and litigation pursued by attorneys and other officers who are otherwise appropriately authorized by the governor to do so are "nullities" without the approval of the attorney general or the local district attorney and (2) whether the attorney general has the right to assume control of such activities and...

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