# Davis v. State

> Court of Criminal Appeals of Alabama · April 4, 2008 · 9 So. 3d 539

URL: https://www.frixlaw.com/law-library/cases/9663694

## Case

- **Full name:** Jimmy DAVIS, Jr. v. STATE of Alabama
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** April 4, 2008
- **Citations:** 9 So. 3d 539; 2008 Ala. Crim. App. LEXIS 72; 2008 WL 902884
- **Precedential status:** Published
- **Opinion:** Concurrence by Baschab
- **Judges:** Welch, McMillan, Shaw, Baschab, Wise
- **Cited by:** 26 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/9663694

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9663694. Public record. Not legal advice.