Johnson v. Alabama Department of Revenue

653 So. 2d 290 | Ala. | 1995

This cause is remanded for the trial court to consider whether, under the analysis employed in Department of Revenueof Montana v. Kurth Ranch, 511 U.S. ___, 114 S.Ct. 1937,128 L.Ed.2d 767 (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.