Wheat v. State

Court of Criminal Appeals of Alabama

Wheat v. State

907 So. 2d 464, 2005 Ala. Crim. App. LEXIS 51, 2005 WL 435116

CourtCourt of Criminal Appeals of Alabama

DecidedFebruary 25, 2005

DocketCR-02-2171

StatusPublished

This text of 907 So. 2d 464 (Wheat 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

Wheat v. State, 907 So. 2d 464, 2005 Ala. Crim. App. LEXIS 51, 2005 WL 435116 (Ala. Ct. App. 2005).

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Opinion

[465]*465 On Remand from the Alabama Supreme Court

PER CURIAM.

The Alabama Supreme Court in Wheat v. State, 907 So.2d 461 (Ala.2005), reversed this Court’s judgment in Wheat v. State, 907 So.2d 458 (Ala.Crim.App.2004). Based on the Supreme Court’s opinion, this appeal is due to be dismissed. In compliance with the Supreme Court’s opinion, the circuit court is directed to

“plac[e] in the record a notation stating that the fact of [Wheat’s] conviction removed the presumption of [Wheat’s] innocence, but that the conviction was appealed and it was neither affirmed nor reversed on appeal because [Wheat] died while the appeal of the conviction was pending and the appeal was dismissed.”

907 So.2d at 464.

APPEAL DISMISSED.

McMILLAN, P.J., and COBB, BASCHAB, SHAW, and WISE, JJ., concur.

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