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13 So. 3d 886

Young v. State

Supreme Court of Alabama

Decided September 28, 2007

Supreme Court of Alabama · decided 2007-09-28

Cited by 1 later decisions — most recently July 2011

1 state decisions

Relies on Wells v. State · Ex Parte Gunn

Good law ✅— No negative treatment on recordhow we know

Decided 2007-09-28

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BOLIN, Justice.

¶1We hereby suspend the provisions of Rule 39(g) and (h), Ala. RApp. P., allowing the petitioner and the respondent to file a brief and to request oral argument, and we summarily grant the writ. This Court recently overruled Wells v. State, 941 So.2d 1008 (Ala.Crim.App.2005), to the extent that it created a limitation on a trial court’s jurisdiction to consider successive § 13A-5-9.1, Ala.Code 1975, motions. See Ex parte Gunn, 993 So.2d 433 (Ala.2007). The Court of Criminal Appeals relied solely on Wellsin affirming the trial court’s judgment. Therefore, we reverse the judgment of the Court of Criminal Appeals and remand the case for proceedings consistent with Gunn.

¶2WRIT GRANTED; REVERSED AND REMANDED.

SEE, LYONS, WOODALL, SMITH, PARKER, and MURDOCK, JJ., concur.STUART, J., concurs specially.COBB, C.J., recuses herself.
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