By Bill Britt
Alabama Political Reporter
MONTGOMERY—In what is a stunning defeat for Speaker Mike Hubbard, it took the Alabama Court of Criminal Appeals only three days to deny his writ of mandamus.
Hubbard had petitioned the the Court to stay his trial until it consider motions to overturn rulings by trial Judge Jacob Walker III. What issue(s) were under consideration by the court remain under seal.
Attorneys speaking on background said this was a clear indication that Hubbard’s trial is going forward.
The most likely issues that Hubbard asked the Court of Appeals to consider were, selective and vindictive prosecution, and the constitutionally of the State Ethics laws.
Hubbard sought to have his criminal case dismissed citing selective and vindictive prosecution, and the unconstitutionally of the State Ethics laws, an argument Judge Walker dismissed.
Concurring Justices: Samuel Henry Welch, J. Elizabeth Kellum, Liles C. Burke
and J. Michael Joiner
Justice Mary Becker Windom recused.
Legal experts believe Hubbard will now appeal to the State Supreme Court.
Hubbard is to stand trial on 23 felony counts of public corruption on March 28.