Smith v. State

Supreme Court of Alabama March 18, 2005

Smith v. State, 908 So. 2d 302 (Ala. 2005)

2005 Ala. LEXIS 43; 2005 WL 628886

Smith, Nabers, See, Lyons, Harwood, Woodall, Stuart, Bolin, Parker

Opinion of the Court

SMITH, Justice.*

The writ of certiorari is quashed as having been improvidently granted. Our quashing of the writ should not be construed as approving all the language, reasons, or statements of law in the Court of Criminal Appeals’ opinion, including its discussion of Rule 3.3, Ala. R.Crim. P. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973). See also Moore v. Crocker, 852 So.2d 89 (Ala. 2002).

WRIT QUASHED.

NABERS, C.J., and SEE, LYONS, HARWOOD, WOODALL, STUART, BOLIN, and PARKER, JJ., concur.

This case was originally assigned to another Justice; it was reassigned to Justice Smith on January 17, 2005.

Reference

Full Case Name: Ex Parte Kenneth Eugene Smith. (In Re Kenneth Eugene Smith v. State of Alabama).
Cited By: 5 cases
Status: Published