Lewis v. State

Court of Criminal Appeals of Alabama

Lewis v. State

825 So. 2d 856, 2001 Ala. Crim. App. LEXIS 109, 2001 WL 727356

CourtCourt of Criminal Appeals of Alabama

DecidedJune 29, 2001

DocketCR-00-1018

StatusPublished

This text of 825 So. 2d 856 (Lewis 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

Lewis v. State, 825 So. 2d 856, 2001 Ala. Crim. App. LEXIS 109, 2001 WL 727356 (Ala. Ct. App. 2001).

Pincite

Opinion

BASCHAB, Judge.

The appellant, Willie Edward Lewis, was convicted of first-degree robbery and first-degree burglary. On March 13, 1998, the trial court sentenced him, as a habitual offender, to imprisonment for life without the possibility of parole. See § 13A-5-9(c)(3), Ala.Code 1975. We affirmed his convictions in an unpublished memorandum and issued a certificate of judgment on September 29, 1998. See Lewis v. State, (CR-97-1173) 741 So.2d 487 (Ala.Crim.App.1998) (table). On September 8, 2000, the appellant filed a petition for post-conviction relief pursuant to Rule 32, Ala. R.Crim. P., challenging his convictions. After the State responded, the circuit court summarily dismissed his petition. This appeal followed.

The appellant argues that the trial court did not have jurisdiction to render a judgment and impose a sentence in his case because the venire from which his jury was selected was not properly sworn. He also contends that his trial counsel rendered ineffective assistance because she did not object on this ground at trial and that his appellate counsel rendered ineffective assistance because he did not raise this issue on direct appeal. Based on the Alabama Supreme Court’s decision in Ex parte Hamlett, 815 So.2d 499 (Ala.2000), we are compelled to remand this case to the circuit court with instructions that that court make specific, written findings of fact as to whether the venire was properly sworn.¹ The circuit court shall take all necessary action to see that the circuit clerk makes due return to this court at the earliest possible time and within 42 days after the release of this opinion. The return to remand shall include the circuit court’s written findings of fact and a transcript of the remand proceedings, if any, conducted by the circuit court.²

REMANDED WITH INSTRUCTIONS.

McMILLAN, p.j., and COBB, SHAW, and WISE, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BASCHAB, Judge.

The appellant, Willie Edward Lewis, was convicted of first-degree robbery and first-degree burglary. On March 13, 1998, the trial court sentenced him, as a habitual offender, to imprisonment for life without the possibility of parole. See § 13A-5-9(c)(3), Ala.Code 1975. We affirmed his convictions in an unpublished memorandum and issued a certificate of judgment on September 29, 1998. See Lewis v. State, (CR-97-1173) 741 So.2d 487 (Ala.Crim.App.1998) (table). On September 8, 2000, the appellant filed a petition for post-conviction relief pursuant to Rule 32, Ala. R.Crim. P., challenging his convictions. After the State responded, the circuit court summarily dismissed his petition. This appeal followed.

The appellant argues that the trial court did not have jurisdiction to render a judgment and impose a sentence in his case because the venire from which his jury was selected was not properly sworn. He also contends that his trial counsel rendered ineffective assistance because she did not object on this ground at trial and that his appellate counsel rendered ineffective assistance because he did not raise this issue on direct appeal. Based on the Alabama Supreme Court’s decision in Ex parte Hamlett, 815 So.2d 499 (Ala.2000), we are compelled to remand this case to the circuit court with instructions that that court make specific, written findings of fact as to whether the venire was properly sworn.¹ The circuit court shall take all necessary action to see that the circuit clerk makes due return to this court at the earliest possible time and within 42 days after the release of this opinion. The return to remand shall include the circuit court’s written findings of fact and a transcript of the remand proceedings, if any, conducted by the circuit court.²

REMANDED WITH INSTRUCTIONS.

McMILLAN, p.j., and COBB, SHAW, and WISE, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

825 So. 2d 856, 2001 Ala. Crim. App. LEXIS 109, 2001 WL 727356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-state-alacrimapp-2001.

Opinion

Related

Cite This Page — Counsel Stack