Ex Parte Smith

Full title: Ex parte Kenneth Eugene SMITH. (In re Kenneth Eugene Smith v. State of…

Court: Supreme Court of Alabama

Date published: Mar 18, 2005

908 So. 2d 302 (Ala. 2005)

Opinion

1000976.

March 18, 2005.

Petition for Writ of Certiorari to the Court of Criminal Appeals (Jefferson Circuit Court, CC-89-1149.80, Jacqueline M. Hatcher, Judge; Court of Criminal Appeals, CR-97-0069).

Christopher M. Johnson and Charlotta Norby, Atlanta, Georgia, for petitioner.

William H. Pryor, Jr., atty. gen., Nathan A. Forrester, deputy atty. gen., and George Martin and Henry M. Johnson, asst. attys. gen., for respondent.

SMITH, Justice.[fn*] [fn*] This case was originally assigned to another Justice; it was reassigned to Justice Smith on January 17, 2005.

The writ of certiorari is quashed as having been improvidently granted. Our quashing of the writ should not be construed as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' opinion, including its discussion of Rule 3.3, Ala. R.Crim. P. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973). See also Moore v. Crocker, 852 So.2d 89 (Ala. 2002).

WRIT QUASHED.

NABERS, C.J., and SEE, LYONS, HARWOOD, WOODALL, STUART, BOLIN, and PARKER, JJ., concur.