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572 So. 2d 1321

Jackson v. State

Court of Criminal Appeals of Alabama

Decided November 16, 1990

Court of Criminal Appeals of Alabama · decided 1990-11-16

Cited by 3 later decisions — most recently June 1994

3 state decisions

Key passage — most relied on by later courts

“specific findings of fact relating to each material issue of fact presented. " We agree that specific issues were presented at the hearing, and we cannot say that these issues were obviously without merit. Under the circumstances of this case, we hold that the cause is due to be remanded for the circuit court to make specific findings of fact as required by Rule 32.9(d), Ala.R.Crim.P. We therefore remand the cause to the Court of Criminal Appeals for it to issue an order of remand. We take this action upon the petition for writ of certiorari, not upon the motion to remand for further evidentiary proceedings pursuant to Walker's pro se "Emergency Motion.”

quoted by 1 later decision, including 652 So. 2d 198 - Ex Parte Walker

Good law ✅— No negative treatment on recordhow we know

Decided 1990-11-16

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¶1

¶2The appellant, John Rufus Jackson, appeals from the summary denial of his petition filed under Rule 20, A.R.Crim.P.Temp. The appellant alleged in his petition that he was denied equal protection in that he was sentenced as a repeat offender, and, he says, his plea was not knowingly and voluntarily made and his trial counsel was ineffective. The State of Alabama has asked this court to remand this case to the Circuit Court for Jefferson County, because that court made no findings of fact as required by Rule 20.9(d), A.R.Crim.P.Temp. It further asks that a transcript of the evidentiary hearing be furnished to it.

¶3After reviewing the record, we agree with the State. This case is remanded to the Circuit Court for Jefferson County so that the trial court can make "written findings of fact relating to each material issue of fact presented." See Rule 20.9(d). A copy of those findings, along with said documentation, including a transcript of the evidentiary hearing, is to be filed with this court no later than 90 days from release of this decision.

¶4REMANDED WITH DIRECTIONS.

¶5All the Judges concur.

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