# Bulger v. State

> Supreme Court of Alabama · August 27, 2004 · 904 So. 2d 219

URL: https://www.frixlaw.com/law-library/cases/7776264

## Case

- **Full name:** Ex parte Michael Cornell BULGER. (In re Michael Cornell Bulger v. State of Alabama)
- **Court:** Supreme Court of Alabama
- **Decided:** August 27, 2004
- **Citations:** 904 So. 2d 219; 2004 Ala. LEXIS 209; 2004 WL 1909361
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Woodall
- **Judges:** Woodall, Nabers, Houston, See, Lyons, Brown, Johnstone, Harwood, Stuart
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7776264

## Opinion text

WOODALL, Justice.
We hereby suspend the provisions of Rule 39(g) and (h), Ala. RApp. P., allowing the respondent to file a brief, and we summarily grant the writ. In an opinion released today, this Court holds that § 13A-5-9.1, Ala.Code 1975, which provides for retroactive application of an amendment to the Habitual Felony Offender Act, § 13A-5-9, Ala.Code 1975, is not unconstitutional and that an evaluation of the convicted offender by the Department of Corrections, while helpful, is not essential to the trial court’s implementation of that statute. See Kirby v. State, 899 So.2d 968 (Ala.2004). Therefore, we reverse the judgment of the Court of Criminal Appeals and remand the cause for further proceedings consistent with Kirby .
WRIT GRANTED; REVERSED AND REMANDED.
NABERS, C.J., and HOUSTON, SEE, LYONS, BROWN, JOHNSTONE, HARWOOD, and STUART, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7776264. Public record. Not legal advice.