Opinion
CR-20-0804
12-16-2022
EX PARTE John GRANT (In re: State of Alabama v. John Grant)
Jennifer M. Holton, Montgomery, for petitioner. Steve Marshall, att’y gen., and Cameron G. Ball, asst. att’y gen., for respondent.
Petition for Writ of Mandamus Appeal from Montgomery Circuit Court (CC-20-116); Gregory O. Griffin, Sr., Judge
Jennifer M. Holton, Montgomery, for petitioner.
Steve Marshall, att’y gen., and Cameron G. Ball, asst. att’y gen., for respondent. On Remand from the Alabama Supreme Court
PER CURIAM.
On October 1, 2021, this Court, bound by Ex parte Key, 890 So. 2d 1056 (Ala. 2003), issued an order granting the petition for a writ of mandamus filed by John Grant, directing the Montgomery Circuit Court to dismiss Grant’s indictment for capital murder. See Ex parte Grant (No. CR-20-0804, Oct. 1, 2021), — So. 3d — (Ala. Crim. App. 2021) (table). The State then petitioned the Alabama Supreme Court for a writ of certiorari to review this Court’s order. The Alabama Supreme Court issued the writ, and, on September 9, 2022, it issued an opinion in which it overruled Ex parte Key, reversed this Court’s judgment, and directed this court to quash the previously issued writ of mandamus. Ex parte Grant, 378 So. 3d 576 (Ala. 2022). This Court, in compliance with the Alabama Supreme Court’s opinion, hereby quashes the writ of mandamus issued by this Court on October 1, 2021.
WRIT QUASHED.
Windom, P.J., and Kellum, McCool, Cole, and Minor, JJ., concur.