The opinion
I agree that the Court must reverse and remand the case. I interpret the majority opinion's repeated statements that the record is unclear as to various issues, to mean that factual questions were raised in the petition and not adequately responded to by the state. Therefore, it was error for the circuit court not to hold an evidentiary hearing on the prisoner's petition. Ex parte Crear , 460 So.2d 1208 (Ala. 1983).