Opinion

Brown v. State

  • 586 So. 2d 991
Court
Court of Criminal Appeals of Alabama
Filed
Jul 26, 1991
Status
Published
On the bench
Per Curiam
Cited by
10 cases
Authority
More cited than 61.7%

Reversed by Brown v. State, 632 So. 2d 14 (1992)

The opinion

586 So.2d 991 (1991)

Raymond Eugene BROWN, alias

v.

STATE.

3 Div. 964 .

Court of Criminal Appeals of Alabama.

July 26, 1991.

Rehearing Denied August 23, 1991.

Charles P. Hollifield and William R. Blanchard, Montgomery, for appellant.

Don Siegelman, Atty. Gen., and William D. Little, Asst. Atty. Gen., for appellee.

AFTER REMAND FROM THE UNITED STATES SUPREME COURT

PER CURIAM.

On June 10, 1991, the United States Supreme Court ___ U.S. ___, 111 S.Ct. 2791 , 115 L.Ed.2d 966 , vacated the judgment of this court in this case, see Brown v. State, 571 So.2d 345 (Ala.Crim.App.), cert. quashed, 571 So.2d 353 (Ala.1990), and remanded the case to us for further consideration in light of Mu'Min v. Virginia, 500 U.S. ___ , 111 S.Ct. 1899 , 114 L.Ed.2d 493 (1991). We have carefully studied this decision.

Our original decision in this cause is distinguishable both on the facts and the law from Mu'Min. We maintain our original position that the trial judge abused his discretion in the denial of the request for the individual voir dire of the jury venire.

REVERSED AND REMANDED FOR NEW TRIAL.

All the Judges concur.

TYSON, Judge, concurring specially.

While I concur in the order and judgment of this court as noted above, I am also of the opinion that this appellant was denied his right to due process of law and his right to an impartial jury as guaranteed to him by Art. 1, Sec. 6, of the Alabama Constitution of 1901. See Ex parte Webb, *992 586 So.2d 954 (Ala.1991); Ex parte Caffie, 516 So.2d 831 (Ala.1987).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.