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Alabama Court of Criminal Appeals, 2002

Winborn v. State

Winborn v. State
Alabama Court of Criminal Appeals · Decided August 30, 2002 · Wise, McMillan, Cobb, Shaw, Baschab
848 So. 2d 273; 2002 Ala. Crim. App. LEXIS 177; 2002 WL 1998307 (Southern Reporter, Second Series)

Winborn v. State

Opinion of the Court

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

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

Concurring Opinion

SHAW, Judge,

concurring in the result.

I concur in the result. See my special writing in Dowdell v. State, [Ms. CR-01-0610, June 28, 2002] — So.2d - (Ala.Crim.App. 2002).

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. *274CR-01-0610, June 28, 2002] — So.2d -(Ala.Crim.App. 2002).

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