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01/27/95 SCOTT HUMPHREY JOHNSON v. ALABAMA

January 27, 1995

SCOTT HUMPHREY JOHNSON
v.
ALABAMA DEPARTMENT OF REVENUE



Appeal from Mobile Circuit Court. (CV-93-1216). Braxton L. Kittrell, Jr., Trial Judge.

Released for Publication April 25, 1995.

Cook, Maddox, Shores, Houston, and Ingram, JJ., concur.

The opinion of the court was delivered by: Cook

COOK, JUSTICE.

This cause is remanded for the trial court to consider whether, under the analysis employed in Department of Revenue of Montana v. Kurth Ranch, 511 U.S. , 114 S. Ct. 1937 (1994), the application of Ala. Code 1975, § 40-17A-1 et seq., infringes Johnson's constitutional guarantees against double jeopardy.

REMANDED.

Maddox, Shores, Houston, and Ingram, JJ., concur.

19950127

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