Opinion

Davis v. State

  • 9 So. 3d 539
  • 2008 Ala. Crim. App. LEXIS 72
  • 2008 WL 902884
Court
Court of Criminal Appeals of Alabama
Filed
Apr 4, 2008
Status
Published
Author
Baschab
On the bench
Welch, McMillan, Shaw, Baschab, Wise
Cited by
26 cases

opinion after remand from the Alabama Supreme Court

How later courts described this case

  • opinion after remand from the Alabama Supreme Court
  • opinion on remand from the Alabama Supreme Court
  • after remand from the Alabama Supreme Court

Written by the judges who cited it.

The opinion

BASCHAB, Presiding Judge,

concurring specially.

I concur with the majority opinion. However, I write specially to note that, on original submission of this appeal, I concurred in the result because I believed the appellant’s ineffective-assistance-of-counsel claims were proeedurally barred and that the majority’s conclusion that, “[h]ad this issue not been proeedurally barred we would be compelled to grant relief and order a new sentencing hearing,” was “inappropriate and ... nothing more than unnecessary dicta.” 9 So.3d at 531 (Bas-chab, J., concurring in the result). I also write specially to urge the Alabama Supreme Court to revisit its decision in Ex parte Clemons, [Ms. 1041915, May 4, 2007] — So.3d-(Ala.2007), for the reasons I set forth in my special concurrence in Clemons v. State, [Ms. CR-01-1355, November 2, 2007] — So.3d-(Ala.Crim. App.2003) (opinion on remand from Alabama Supreme Court).

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.

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