Supreme Court of Alabama, 2005

Smith v. State

Supreme Court of Alabama · Decided March 18, 2005 · Smith, Nabers, See, Lyons, Harwood, Woodall, Stuart, Bolin, Parker

908 So. 2d 302; 2005 Ala. LEXIS 43; 2005 WL 628886 (Southern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

Smith v. State (Ala. Crim. App. 2010)
Donnie Lee Abernathy v. State of Alabama. (Ala. Crim. App. 2025)
Ex parte Kenneth Eugene Smith. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Kenneth Eugene Smith v. State of Alabama) (Jefferson Circuit Court: CC-89-1149.61 Criminal Appeals: CR-2023-0594). (Ala. 2024)
Kenneth Eugene Smith v. State of Alabama (Appeal from Jefferson Circuit Court: CC-89-1149.61) (Ala. Crim. App. 2023)
Donald Dwayne Whatley v. State of Alabama. (Ala. Crim. App. 2010)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.