Burrell v. State

Court of Criminal Appeals of Alabama

Burrell v. State

655 So. 2d 46, 1993 Ala. Crim. App. LEXIS 206, 1993 WL 34895

CourtCourt of Criminal Appeals of Alabama

DecidedFebruary 12, 1993

DocketCR-91-1123

StatusPublished

Cited by1 cases

This text of 655 So. 2d 46 (Burrell 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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Burrell v. State, 655 So. 2d 46, 1993 Ala. Crim. App. LEXIS 206, 1993 WL 34895 (Ala. Ct. App. 1993).

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Opinion

ON RETURN TO REMAND

McMILLAN, Judge.

We remanded this cause, 655 So.2d 45 (1992), for the trial judge to state the reasons, if these reasons were based on his personal knowledge of the underlying facts, for his denial of the appellant’s Rule 32, A.R.Cr.P., petition. If they were not, the trial judge, after obtaining a response from the district attorney, was to make specific findings of fact as to each material issue that had been presented by the appellant at the evidentiary hearing.

The trial court has now filed its return, which states that on remand, counsel has presented new issues that are facially meritorious. The trial court, therefore, has requested that this matter be remanded to allow consideration of these issues.

Based on the foregoing, this case is remanded to the trial court for further proceedings. Upon remand, the trial court is authorized to take such further action, including holding an evidentiary hearing, as is necessary for a determination of the issues raised by the appellant. A return should be filed with this Court within 45 days of the date of this opinion.

REMANDED WITH INSTRUCTIONS.

All Judges concur. MONTIEL, J., recuses.

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