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Johnson v. State

Court of Criminal Appeals of Alabama
Mar 8, 1996
677 So. 2d 1280 (Ala. Crim. App. 1996)

Opinion

CR-95-0404.

March 8, 1996.

Appeal from the Jefferson Circuit Court, James Hard, J.

Edward Curry Johnson, pro se.

Jeff Sessions, Atty. Gen., and Margaret S. Childers, Asst. Atty. Gen., for Appellee.


The motion filed by the State of Alabama requesting that this court remand Edward Curry Johnson's Rule 32, Ala.R.Crim.P., petition for post-conviction relief to the trial court for the trial court to make "specific findings of fact relating to each material issue of fact presented," Rule 32.9(d), is granted.

After conducting a hearing on the appellant's petition the trial court issued the following order: "Petition Denied — Petitioner fails to substantiate any claim purportedly justifying new trial." C.R. 2. This order does not comply with Rule 32.9(d).

We therefore remand this cause and order the trial court to make specific findings of fact relating to each material issue raised by the appellant pursuant to Rule 32.9, Ala.R.Crim.P. Due return shall be filed in this court no later than 45 days from the date of this opinion.

REMANDED WITH INSTRUCTIONS.

Note from the Reporter of Decisions: On May 10, 1996, on return to remand, the Court of Criminal Appeals affirmed, without opinion.

All the Judges concur.


Summaries of

Johnson v. State

Court of Criminal Appeals of Alabama
Mar 8, 1996
677 So. 2d 1280 (Ala. Crim. App. 1996)
Case details for

Johnson v. State

Case Details

Full title:Edward Curry JOHNSON v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Mar 8, 1996

Citations

677 So. 2d 1280 (Ala. Crim. App. 1996)

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Temmis v. State

Rule 32.9(d). See Jones v. State, [Ms. CR-95-45, July 3, 1996] ___ So.2d ___ (Ala.Cr.App. 1996), and Johnson…