In Re Pearson

Supreme Court of Alabama

In Re Pearson

990 So. 2d 279, 2007 Ala. LEXIS 199, 2007 WL 2751294

CourtSupreme Court of Alabama

DecidedSeptember 21, 2007

Docket1061172

StatusPublished

Cited by1 cases

This text of 990 So. 2d 279 (In Re Pearson) is published on Counsel Stack Legal Research, covering Supreme Court 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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In Re Pearson, 990 So. 2d 279, 2007 Ala. LEXIS 199, 2007 WL 2751294 (Ala. 2007).

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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 motions filed pursuant to Ala. Code 1975, § 13A-5-9.1. See Ex parte Gunn, [Ms. 1051754, Sept. 21, 2007] ___ So.2d ___ (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 case for proceedings consistent with Gunn.

WRIT GRANTED; REVERSED AND REMANDED

COBB, C.J., and SEE, LYONS, WOODALL, BOLIN, PARKER, and MURDOCK, JJ., concur.

STUART, J., concurs specially.

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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 motions filed pursuant to Ala. Code 1975, § 13A-5-9.1. See Ex parte Gunn, [Ms. 1051754, Sept. 21, 2007] ___ So.2d ___ (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 case for proceedings consistent with Gunn.

WRIT GRANTED; REVERSED AND REMANDED

COBB, C.J., and SEE, LYONS, WOODALL, BOLIN, PARKER, and MURDOCK, JJ., concur.

STUART, J., concurs specially.

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990 So. 2d 279, 2007 Ala. LEXIS 199, 2007 WL 2751294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-pearson-ala-2007.

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