Gregory v. State

Court of Criminal Appeals of Alabama

Gregory v. State

570 So. 2d 1299, 1990 Ala. Crim. App. LEXIS 1608, 1990 WL 187108

CourtCourt of Criminal Appeals of Alabama

DecidedSeptember 21, 1990

Docket1 Div. 146

StatusPublished

This text of 570 So. 2d 1299 (Gregory 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

Gregory v. State, 570 So. 2d 1299, 1990 Ala. Crim. App. LEXIS 1608, 1990 WL 187108 (Ala. Ct. App. 1990).

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Opinion

AFTER REMAND FROM THE ALABAMA SUPREME COURT

TAYLOR, Presiding Judge.

This cause was remanded by the Supreme Court of Alabama for consideration in light of Harris v. Reed, 489 U.S. 255,109 S.Ct. 1038, 103 L.Ed.2d 308 (1989).

[1300]*1300The judgment of the circuit court is affirmed for the following reasons: Appellant’s issue concerning the State’s introduction of evidence involving appellant’s post-Miranda silence is decided adversely to the appellant based on the merits. The issue regarding the State’s alleged improper comments during closing argument is also decided adversely to the appellant based on the merits. The appellant testified to his prior convictions. It was, therefore, not incorrect for the State to comment on them during closing argument. LaBarber State, 455 So.2d 941 (Ala.Cr.App.1984).

AFFIRMED.

All the Judges concur.

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AFTER REMAND FROM THE ALABAMA SUPREME COURT

TAYLOR, Presiding Judge.

This cause was remanded by the Supreme Court of Alabama for consideration in light of Harris v. Reed, 489 U.S. 255,109 S.Ct. 1038, 103 L.Ed.2d 308 (1989).

[1300]*1300The judgment of the circuit court is affirmed for the following reasons: Appellant’s issue concerning the State’s introduction of evidence involving appellant’s post-Miranda silence is decided adversely to the appellant based on the merits. The issue regarding the State’s alleged improper comments during closing argument is also decided adversely to the appellant based on the merits. The appellant testified to his prior convictions. It was, therefore, not incorrect for the State to comment on them during closing argument. LaBarber State, 455 So.2d 941 (Ala.Cr.App.1984).

AFFIRMED.

All the Judges concur.

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570 So. 2d 1299, 1990 Ala. Crim. App. LEXIS 1608, 1990 WL 187108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-v-state-alacrimapp-1990.

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