CourtListener 10458287•Ex parte Tramaine Bonner PETITION FOR WRIT OF MANDAMUS (In re: Ex parte State of Alabama (In re: State of Alabama v. Tramaine Bonner)) (Mobile Circuit Court: CC-16-6155 and CC-16-6156; Criminal Appeals: CR-2023-0660).
Ex parte Tramaine Bonner PETITION FOR WRIT OF MANDAMUS (In re: Ex parte State of Alabama (In re: State of Alabama v. Tramaine Bonner)) (Mobile Circuit Court: CC-16-6155 and CC-16-6156; Criminal Appeals: CR-2023-0660).
CourtListener 10458287AlaMay 2, 2025
Full text
Rel: May 2, 2025
Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern
Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts,
300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other
errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
SUPREME COURT OF ALABAMA
OCTOBER TERM, 2024-2025
_________________________
SC-2024-0443
_________________________
Ex parte Tramaine Bonner
PETITION FOR WRIT OF MANDAMUS
(In re: Ex parte State of Alabama
(In re: State of Alabama
v.
Tramaine Bonner))
(Mobile Circuit Court: CC-16-6155 and CC-16-6156;
Court of Criminal Appeals: CR-2023-0660)
SC-2024-0443
SELLERS, Justice. 1
Tramaine Bonner petitions this Court for a writ of mandamus
directing the Court of Criminal Appeals to vacate it June 28, 2024, writ
of mandamus ("the 2024 writ") directing Judge Michael Youngpeter to
comply with a writ of mandamus previously issued by that court on
March 30, 2023 ("the 2023 writ"). We deny the petition.
Facts and Procedural History
In December 2019, a jury convicted Bonner of two counts of first-
degree robbery. See § 13A-8-41, Ala. Code 1975. Before he was sentenced,
Bonner filed a motion for a judgment of acquittal, arguing that the State's
evidence was insufficient to sustain his convictions for first-degree
robbery. See Rule 20.3, Ala. R. Crim. P. Bonner conceded in his motion,
however, that the State's evidence was sufficient to sustain convictions
for two counts of third-degree robbery. See § 13A-8-43, Ala. Code 1975.
On March 1, 2023, the Mobile Circuit Court granted Bonner's
motion for a judgment of acquittal and adjudicated him guilty of two
counts of third-degree robbery. Based on Bonner's prior felony
1This case was originally assigned to another Justice on this Court;
it was reassigned to Justice Sellers on March 26, 2025.
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SC-2024-0443
convictions, the circuit court sentenced him to concurrent sentences of
life imprisonment. On March 7, 2023, the State petitioned the Court of
Criminal Appeals for writ of mandamus directing Judge Youngpeter, the
circuit-court judge in this case, to set aside the judgment of acquittal and
to reinstate Bonner's first-degree-robbery convictions. The State did not
seek a stay of the proceedings in the circuit court while it sought
mandamus relief. See Rule 21(f), Ala. R. App. P. (providing that the filing
of a petition for a writ of mandamus "shall not stay the proceedings in
the trial court unless the trial judge or an appellate court shall so order").
Thus, the circuit court's jurisdiction over Bonner's case was set to expire
on March 31, 2023.
On March 30, 2023, the Court of Criminal Appeals granted the
State's petition and issued the 2023 writ directing Judge Youngpeter to
set aside the judgment of acquittal no later than 5:00 p.m. on March 31,
2023, and to pronounce sentence upon Bonner for his first-degree-robbery
convictions. At some point on March 31, Judge Youngpeter learned of
the 2023 writ; however, for reasons not relevant here, he did not comply
with the writ.
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In July 2023, the State filed a motion requesting that Judge
Youngpeter schedule a hearing to set aside the judgment of acquittal as
instructed by the 2023 writ. Following briefing and oral argument from
both parties on the matter, Judge Youngpeter issued an order concluding
that the circuit court's jurisdiction over Bonner's case had expired and
that he was therefore unable comply with the 2023 writ directing him to
set aside the judgment of acquittal. In September 2023, the State filed a
second petition for a writ of mandamus in the Court of Criminal Appeals,
arguing that the 2023 writ was a valid order that Judge Youngpeter was
required to follow.
On June 28, 2024, the Court of Criminal Appeals issued an opinion,
concluding that the State had demonstrated a clear legal right to the
relief sought, specifically the enforcement of the 2023 writ. See State v.
Bonner, [Ms. CR-2023-0660, June 28, 2024] ___ So. 3d ___ (Ala. Crim.
App. 2024). Thus, the Court of Criminal Appeals issued the 2024 writ
directing Judge Youngpeter to comply with the 2023 writ by setting aside
the judgment of acquittal, reinstating Bonner's two first-degree-robbery
convictions, and sentencing him for those convictions. This mandamus
petition followed.
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Standard of Review
"A writ of mandamus is an extraordinary remedy
available only when the petitioner can demonstrate: " '(1) a
clear legal right to the order sought; (2) an imperative duty
upon the respondent to perform, accompanied by a refusal to
do so; (3) the lack of another adequate remedy; and (4) the
properly invoked jurisdiction of the court." ' Ex parte Nall, 879
So. 2d 541, 543 (Ala. 2003) (quoting Ex parte BOC Grp., Inc.,
823 So. 2d 1270, 1272 (Ala. 2001))."
Ex parte Alabama Dep't of Corr., 252 So. 3d 635, 636 (Ala. 2017).
Discussion
Bonner seeks a writ of mandamus directing the Court of Criminal
Appeals to vacate the 2024 writ directing Judge Youngpeter to comply
with the 2023 writ. Bonner asserts that he is entitled to have the 2024
writ vacated because, he says, the circuit court no longer has jurisdiction
to comply with the 2023 writ. Bonner relies on State v. Webber, 886 So.
2d 869 (Ala. 2004), and Ex parte Denson, 57 So. 3d 195 (Ala. 2010).
However, we find that the Court of Criminal Appeals properly
distinguished those cases. In Webber, this Court dismissed as moot the
State's petition seeking a writ of mandamus directing a trial judge to
vacate an order dismissing a case against the defendant because, at the
time the State filed its petition, the trial court's jurisdiction to vacate the
order had expired. Likewise, in Denson, this Court held that the Court
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SC-2024-0443
of Criminal Appeals had lacked jurisdiction to issue a writ of mandamus
directing a trial judge to set aside a judgment of acquittal because, at the
time the Court of Criminal Appeals had issued the writ, the trial court's
jurisdiction over the defendant's case had expired. Here, Judge
Youngpeter granted Bonner's motion for a judgment of acquittal on
March 1, 2023. On March 30, 2023, one day before the circuit court's
jurisdiction over Bonner's case was to expire, the Court of Criminal
Appeals issued the 2023 writ directing Judge Youngpeter to set aside the
judgment of acquittal no later than 5:00 p.m. on March 31, 2023. Judge
Youngpeter, however, did not comply with the 2023 writ. So, unlike the
procedural posture in Denson and Webber, in which the actions of the
State and the Court of Criminal Appeals, respectively, occurred after the
trial court had lost jurisdiction over the defendant's case, the 2023 writ
in this case was issued before the circuit court's jurisdiction had expired.
Thus, because the circuit court still had jurisdiction over Bonner's case
when the Court of Criminal Appeals issued the 2023 writ, the Court of
Criminal Appeals had the authority to issue the 2024 writ directing
Judge Youngpeter to comply with its previous mandate. As the Court of
Criminal Appeals correctly observed, that court had both statutory and
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inherent authority to enforce its 2023 writ. See § 12-3-11, Ala. Code 1975
(providing, in relevant part, that appellate courts "shall have authority
to grant injunctions and issue writs of habeas corpus and such other
remedial and original writs as are necessary to give it a general
superintendence and control of jurisdiction inferior to it"). See also, e.g.,
Blackhawk Heating & Plumbing Co. v. Data Lease Fin. Corp., 328 So. 2d
825, 827 (Fla. 1975) (noting that "[i]f the trial court fails or refuses to
comply with the appellate court's mandate, the latter may, generally
speaking, take any steps or issue any appropriate writ necessary to give
effect to its judgment"). Thus, to the extent that a trial court has
jurisdiction to comply with an order issued by an appellate court but fails
to do so, the appellate court may issue any appropriate writ necessary to
enforce its order. Accordingly, Bonner has failed to demonstrate a clear
legal right to a writ of mandamus directing the Court of Criminal Appeals
to vacate the 2024 writ.
PETITION DENIED.
Wise, Mendheim, Mitchell, and Cook, JJ., concur.
Shaw, J., concurs in the result, with opinion, which Stewart, C.J.,
joins.
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SC-2024-0443
Bryan, J., concurs in the result.
McCool, J., recuses himself.
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SHAW, Justice (concurring in the result).
I concur in the result. I write specially to note the following. In Ex
parte Denson, 57 So. 3d 195, 198 (Ala. 2010), this Court suggested that if
a stay is entered by an appellate court while a mandamus petition is
pending, then a trial court would not lose jurisdiction over the case at the
subsequent expiration of 30 days from the entry of a final judgment. If
an appellate court has the power to suspend that time merely by entering
a stay, then a writ of mandamus, which the Constitution and the
Alabama Code provide the Court of Criminal Appeals the power to issue,
see Ala. Const. 2022, § 141(d), and § 12-3-11, Ala. Code 1975, will
inherently suspend that time to ensure compliance with its mandate. In
this case, the writ of mandamus issued by the Court of Criminal Appeals
on March 30, 2023, before the Mobile Circuit Court ordinarily would have
lost jurisdiction, has suspended that time to allow the circuit court to act
in accordance with the writ.
Stewart, C.J., concurs.
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