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Ex Parte Gray

Supreme Court of Alabama
Jun 11, 1993
658 So. 2d 509 (Ala. 1993)

Opinion

1920418.

June 11, 1993.

Petition for writ of Certiorari to the Court of Criminal Appeals (CR-90-1700). Appeal from the St. Clair Circuit Court, No. CC-90-165.60, Robert E. Austin, Judge.

Edwin M. Van Dall, Jr., Pell City, for petitioner.

James H. Evans, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for respondent.



Based upon a review of the record and the opinion of the Court of Criminal Appeals, we conclude that justice requires that we reverse the judgment of the Court of Criminal Appeals, 611 So.2d 495, and remand the case to that court. That court is directed to remand to the trial court for the trial court to determine whether the defendant was denied effective assistance of counsel. See McLeod v. State, 627 So.2d 1065 (Ala. 1993), citing Thompson v. State, 525 So.2d 820, 831 (Ala. 1985) (such a remand is proper where "justice would require it").

REVERSED AND REMANDED.

HORNSBY, C.J., and MADDOX, ALMON, SHORES, ADAMS, HOUSTON and STEAGALL, JJ., concur.


Summaries of

Ex Parte Gray

Supreme Court of Alabama
Jun 11, 1993
658 So. 2d 509 (Ala. 1993)
Case details for

Ex Parte Gray

Case Details

Full title:Ex parte Maxwell C. GRAY. (Re Maxwell C. Gray, Jr. v. State)

Court:Supreme Court of Alabama

Date published: Jun 11, 1993

Citations

658 So. 2d 509 (Ala. 1993)

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