Despite what seems a long delay, the Alabama Supreme Court decision in McInnish v. Chapman is not overdue.
The original appellate brief in the case was filed on March 26, 2013, or 307 days ago. According to Table VI of the “Supreme Court of Alabama Annual Statistics For the Fiscal Year Ending September 30, 2013,” the average pending days1 for a case requiring an original decision2 was 315. Alabama Supreme Court opinions are announced each Friday at the Alabama Judicial web site.
This particular case has some level of complication in that a number of amicus briefs were filed. See my article, “McInnish v. Chapman in brief,” for reference to those.
The appellant’s attorney is Larry Klayman.
1According to the Statistical Report:
The number of days pending in this Court includes the time necessary for preparation of the record of appeal and the filing of briefs. These events occur before the assignment of the case to a Justice for preparation and circulation of a proposed opinion. The number of days pending also includes the time expended while awaiting special concurrences or dissents of other Justices after a majority of the Court has concurred in the release of a proposed opinion.
2An original decision is one on a case not previously heard by an appellate court.