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624 So. 2d 665

Montgomery v. State

Court of Criminal Appeals of Alabama

Decided June 26, 1992

Court of Criminal Appeals of Alabama · decided 1992-06-26

Cited by 7 later decisions — most recently April 2001

6 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 1992-06-26

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PATTERSON, Presiding Judge.

¶1The appellant, Jessie James Montgomery, appeals from the circuit court’s denial of his AR.Crim.P. 32 petition in which he contested the validity of his 1990 convictions for conspiracy to traffic in cocaine, unlawful distribution of a controlled substance, and unlawful distribution of a controlled substance that occurred within three miles of a school. These convictions were based upon pleas of guilty, and Montgomery was sentenced to serve concurrent sentences of 30 years’ imprisonment.

¶2Pursuant to the attorney general’s request, we remand this cause to the circuit court for the entry of specific findings of fact, particularly relating to the allegation of ineffective assistance of counsel. Rule 32.9(d) provides that “[t]he court shall make specific findings of fact relating to each material issue of fact presented.” The circuit court shall forward its order containing those findings and its conclusions to this court within 28 days from the date of this opinion.

¶3REMANDED WITH INSTRUCTIONS.

All Judges concur.
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