Burgess v. State

21 So. 3d 755, 2009 Ala. Crim. App. LEXIS 176, 2009 WL 4912142
CourtCourt of Criminal Appeals of Alabama
DecidedMarch 20, 2009
DocketCR-05-0421
StatusPublished
Cited by1 cases

This text of 21 So. 3d 755 (Burgess 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.

Bluebook
Burgess v. State, 21 So. 3d 755, 2009 Ala. Crim. App. LEXIS 176, 2009 WL 4912142 (Ala. Ct. App. 2009).

Opinion

After Remand from the Alabama Supreme Court

McMILLAN, Retired Appellate Judge.

Pursuant to the Alabama Supreme Court’s decision in Ex parte Burgess, 21 So.3d 746 (Ala.2008), the circuit court’s judgment is reversed and the cause remanded to the circuit court for proceedings consistent with that opinion specifically to hold an evidentiary hearing concerning Burgess’s claims of juror misconduct and to determine whether he is entitled to a new trial.

The foregoing opinion was prepared by Retired Appellate Judge H.W. “Bucky” McMillan while serving on active-duty status as a judge of this court under the provisions of § 12-18-10(e), Ala.Code 1975.

REVERSED AND REMANDED.

WISE, P.J., and WELCH, WINDOM, and KELLUM, JJ., concur.

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Related

McCullough v. State
21 So. 3d 758 (Supreme Court of Alabama, 2009)

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Bluebook (online)
21 So. 3d 755, 2009 Ala. Crim. App. LEXIS 176, 2009 WL 4912142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgess-v-state-alacrimapp-2009.