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588 So. 2d 550

Goodman v. State

Court of Criminal Appeals of Alabama · decided 1991-05-31

Cited by 2 later decisions — most recently February 1993

2 state decisions

Key passage — most relied on by later courts

“ORIGINAL OPINION WITHDRAWN; OPINION SUBSTITUTED; APPLICATION FOR REHEARING OVERRULED; MOTION DENIED; REVERSED AND REMANDED.”

quoted by 1 later decision, including 588 So. 2d 543 - Holland v. State

Relies on 588 So. 2d 543 - Holland v. State · 521 So. 2d 1360 - King v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-05-31

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¶1ON APPLICATION FOR REHEARING

BOWEN, Judge.

¶2The opinion of this Court issued March 29, 1991, is hereby set aside. The following becomes the opinion of this Court.

¶3O’Neal Goodman was indicted for robbery in the first degree. His trial was consolidated with that of William Warren Holland, and both men were was convicted as charged. Goodman was sentenced to life imprisonment without the possibility of parole as a habitual felony offender. In addition, he was ordered to pay a fine of $20,000 and to pay $2,500 to the victims’ compensation fund.

¶4In Holland v. State, 588 So.2d 543 (Ala. Cr.App.1991), this Court reversed the conviction of codefendant Holland because the trial judge failed to adequately investigate alleged juror misconduct. Although the misconduct only directly and specifically related to Holland, the misconduct was so fundamental and improper that it infected the trial of both defendants. King v. State, 521 So.2d 1360, 1362 (Ala.Cr.App. 1987). Therefore, appellant Goodman’s conviction in Montgomery Circuit Court Case No. CC-88-1385-M is reversed for the reasons stated by this Court in Holland v. State, supra. This cause is remanded to the circuit court for further proceedings *551not inconsistent with this opinion. The Ap-pellee’s application is overruled.

¶5ORIGINAL OPINION SET ASIDE; OPINION SUBSTITUTED;

¶6APPLICATION FOR REHEARING OVERRULED;

¶7MOTION DENIED;

¶8REVERSED AND REMANDED.

All Judges concur.
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