Gray v. State

Supreme Court of Alabama

Decided October 29, 1976

Supreme Court of Alabama · decided 1976-10-29

Relies on North Carolina v. Pearce · Benton v. Maryland · Hoback v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-10-29

How this case has been cited

Cited by 11 later decisions — most recently July 2016

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1

¶2Petition of the State by its Attorney General for certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that court in Gray v. State,338 So.2d 444 [1976].

¶3Writ denied. In denying this writ, we suggest to the trial judge that, on remandment, he consider the applicability to the case at bar of the United States Supreme *446 Court's decisions in Benton v. Maryland, 395 U.S. 784,89 S.Ct. 2056, 23 L.Ed.2d 707 (1969) (re: "concurrent sentences" doctrine) and North Carolina v. Pearce, 395 U.S. 711,89 S.Ct. 2072, 23 L.Ed.2d 656 (1969) (re: "double jeopardy" and "equal protection" issues).

¶4WRIT DENIED.

¶5HEFLIN, C.J., and JONES, ALMON and EMBRY, JJ., concur.