Branch v. State

Court of Criminal Appeals of Alabama

Branch v. State

526 So. 2d 634

CourtCourt of Criminal Appeals of Alabama

DecidedMay 24, 1988

StatusPublished

Cited by10 cases

This text of 526 So. 2d 634 (Branch v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Branch v. State, 526 So. 2d 634 (Ala. Ct. App. 1988).

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Opinion

ON REMAND FROM THE ALABAMA SUPREME COURT

Pursuant to the decision of the Alabama Supreme Court inBranch v. State, 526 So.2d 609 (Ala. 1987) (as modified on rehearing December 4, 1987), this case is remanded to the Circuit Court of Jefferson County, with directions to review again the proceedings conducted before it, using the guidelines adopted by our supreme court, and to file with this court within the next 56 days its findings and conclusions.

REMANDED WITH DIRECTIONS.

All Judges concur.

ON RETURN TO REMAND On return to remand, the trial court issued the following order:

"[This court] endeavored to comply with the appellate remand order in this case relative to reexamination of the State's peremptory strikes using the *Page 635 Branch guidelines adapted by the Supreme Court.

"Given the passage of time . . . it is impossible to reconstruct with any more clarity than reflected in the Branch record the basis for the state['s] peremptory strikes.

"Thus, the verdict adjudging this defendant guilty is set aside and a new trial ordered."

A new trial having been granted, this appeal is due to be, and it is hereby, dismissed.

APPEAL DISMISSED.

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