Supreme Court of Alabama, 2007

Ex Parte Crews

Ex Parte Crews
Supreme Court of Alabama · Decided September 21, 2007 · Bolin, Cobb, Lyons, Murdock, Parker, See, Smith, Stuart, Woodall
35 So. 3d 573; 2007 Ala. LEXIS 198; 2007 WL 2751248 (Southern Reporter, Third Series)

Ex Parte Crews

Opinion of the Court

BOLIN, Justice.

We hereby suspend the provisions of Rule 39(g) and (h), Ala. R.App. P., allowing the petitioner and the respondent to file a brief and to request oral argument, and we summarily grant the writ. In an opinion released today, this Court overrules Wells v. State, 941 So.2d 1008 (Ala.Crim.App. 2005), to the extent that it created a limitation on a trial court’s jurisdiction to consider successive § 13A-5-9.1, Ala.Code 1975, motions. See Ex parte Gunn, 993 So.2d 433 (Ala. 2007). The Court of Criminal Appeals relied solely on Wells in affirming the trial court’s judgment. Therefore, we reverse the judgment of the Court of Criminal Appeals and remand the ease for proceedings consistent with Gunn.

WRIT GRANTED; REVERSED AND REMANDED.

SEE, LYONS, WOODALL, SMITH, PARKER, and MURDOCK, JJ., concur. STUART, J., concurs specially. COBB, C.J., recuses herself.

Concurring Opinion

STUART, Justice

(concurring specially).

See my writing in Ex parte Gunn, 993 So.2d 433, 437 (Ala. 2007).

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