Madden v. State

Court of Criminal Appeals of Alabama

Madden v. State

989 So. 2d 608, 2008 WL 274904

CourtCourt of Criminal Appeals of Alabama

DecidedFebruary 1, 2008

DocketCR-04-1201

StatusPublished

This text of 989 So. 2d 608 (Madden 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

Madden v. State, 989 So. 2d 608, 2008 WL 274904 (Ala. Ct. App. 2008).

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Opinion

After Remand by the Alabama Supreme Court

After this court issued its decision in this case on February 3, 2006, reversing the trial court's judgment denying Joseph Wayne Madden's Rule 32, Ala. R.Crim. P., petition, the Alabama Supreme Court issued its opinion in Ex parteSeymour, 946 So.2d 536 (Ala. 2006), which overruled the caselaw on which that decision was based. The State filed a petition for certiorari review, and the Alabama Supreme Court reversed the judgment of this court and remanded the cause for proceedings consistent with Ex Parte Seymour. Madden v.State, 989 So.2d 607 (Ala. 2007). In accordance with the judgment of the Alabama Supreme Court, we now hold that the circuit court's dismissal of Madden's Rule 32 petition was proper, pursuant to Madden and Seymour, and we affirm its judgment.

AFFIRMED.

*Page 609

BASCHAB, P.J., and WISE and WELCH, JJ., concur.

SHAW, J., concurs in the result.

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After Remand by the Alabama Supreme Court

After this court issued its decision in this case on February 3, 2006, reversing the trial court's judgment denying Joseph Wayne Madden's Rule 32, Ala. R.Crim. P., petition, the Alabama Supreme Court issued its opinion in Ex parteSeymour, 946 So.2d 536 (Ala. 2006), which overruled the caselaw on which that decision was based. The State filed a petition for certiorari review, and the Alabama Supreme Court reversed the judgment of this court and remanded the cause for proceedings consistent with Ex Parte Seymour. Madden v.State, 989 So.2d 607 (Ala. 2007). In accordance with the judgment of the Alabama Supreme Court, we now hold that the circuit court's dismissal of Madden's Rule 32 petition was proper, pursuant to Madden and Seymour, and we affirm its judgment.

AFFIRMED.

*Page 609

BASCHAB, P.J., and WISE and WELCH, JJ., concur.

SHAW, J., concurs in the result.

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989 So. 2d 608, 2008 WL 274904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madden-v-state-alacrimapp-2008.

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