Alabama Court of Criminal Appeals, 2002

Gilley v. State

Alabama Court of Criminal Appeals · Decided June 28, 2002 · Wise, McMillan, Cobb, Shaw, Baschab

841 So. 2d 315; 2002 Ala. Crim. App. LEXIS 138; 2002 WL 1398026 (Southern Reporter, Second Series)

Dissenting Opinion

BASCHAB, Judge,

dissenting.

Because I believe the circuit court is in a better position than this court to evaluate the validity of a request for post-conviction DNA testing, I must respectfully dissent. See my dissent in Dowdell v. State, [Ms. CR-01-0610, June 28, 2002] — So.2d — (Ala.Crim.App. 2002).

Opinion of the Court

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and COBB, J., concur. SHAW, J., concurs in the result. BASCHAB, J., dissents, with opinion.

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