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Smith v. State

588 So. 2d 939, 1991 Ala. Crim. App. LEXIS 2510, 1991 WL 239897
Procedural entryThis page is a short order in Smith v. State. Read the opinion of the Court — 581 So. 2d 497 →
Court of Criminal Appeals of Alabama·Decided October 11, 1991·No. CR 90-161·Published

Opinion

ON RETURN TO REMAND

McMILLAN, Judge.

We remanded this cause to the trial court in order for the district attorney to respond to the allegations contained in the appellant’s Rule 20, A.R.Cr.P.Temp., petition and to specifically plead as to any grounds of preclusion. Smith v. State, 581 So.2d 1283 (Ala.Cr.App.1991). The district attorney has filed a response in compliance with our order.

The trial court, after considering the district attorney’s response, denied the petition. Based on the trial court’s order, we [940]*940find no error in the denial of the appellant’s petition.

OPINION EXTENDED; AFFIRMED.

All Judges concur.

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Smith v. State, 588 So. 2d 939, 1991 Ala. Crim. App. LEXIS 2510, 1991 WL 239897 (Ala. Ct. App. 1991).

588 So. 2d 939 (Smith v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Smith v. State
581 So. 2d 1283 (Court of Criminal Appeals of Alabama, 1991)